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(영문) 청주지방법원 2017.03.30 2016가단104272
손해배상(기)
Text

1. Defendant A Co., Ltd and B jointly share KRW 85,760,000 with respect to the Plaintiff and the Plaintiff from March 25, 2010 to August 11, 2016.

Reasons

1. Determination as to the claim against Defendant A, and B

(a)as shown in the reasons for the attachment of the claim;

(b) Defendant A Stock Company: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(c) Defendant B: Judgment without holding any pleadings (Articles 208(3)1 and 257 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C and D

A. Basic facts 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “A”).

) A national bank, a corporation (hereinafter referred to as “national bank”)

(3) The credit guarantee agreement of this case (hereinafter referred to as the “instant credit guarantee agreement”) as follows, with a guarantee ratio of 80% in obtaining a loan for corporate purchase funds from a company:

In accordance with the credit guarantee agreement of this case, Defendant B jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff. On November 30, 2007, the guaranteed number security deposit amount for the guarantee date: E 800,000,000 won; in general, the corporate purchase fund loan is in the form of a bill of exchange (the method of issuing a refund by a purchaser and proposing a seller to pay a bill of exchange to a bank) and B2B (the method of transferring a loan to a bank if the input information is electronically entered through an electronic transaction, electronic transaction, electronic transaction brokerage, and electronic transaction, and the transaction of the input information is delivered to a lending bank, if a loan is approved after the bank examination).

3) On June 5, 2009 at the request of Defendant A, the National Bank (hereinafter “instant loan”) shall be KRW 307,000,000,000 in the account of Defendant C Bank, the nominal owner of the business registration of “F,” which is the business entity of Defendant A, a transaction entity of Defendant A (hereinafter “F”).

(4) Defendant A failed to pay a corporate purchase loan, etc. including the instant loan, and an accident of guarantee occurred on September 20, 2010 according to the credit guarantee agreement of this case. The Plaintiff deposited the national bank on the same day, and transferred the said KRW 307,00,000 to Defendant C’s corporate bank’s deposit account, and again transferred the said loan to Defendant A’s deposit account.

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