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(영문) 서울서부지방법원 2016.04.28 2014가합39626
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A, B, and C jointly share KRW 1,031,318,218, and Defendant A and C from October 30, 2012.

Reasons

1. Facts below the facts of recognition may be found either in dispute between the parties or in accordance with Gap evidence of heading 5 to 13 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence of heading 1, 2, 10, Eul evidence of heading 4, 5, and 6, together with the whole purport of the pleadings.

1) Defendant A’s relationship between March 31, 2010 to February 29, 2012 (hereinafter “H”) is the H Co., Ltd. (hereinafter “H”).

Defendant D is the representative director, and Defendant D is the corporation I (hereinafter “I”) from October 30, 2008 to October 2012.

Defendant C was the representative director, and Defendant C actually operated the above period of time, Defendant E was from January 201 to December 27, 201, Defendant F was each Co., Ltd. J (hereinafter “J”) from December 28, 201 to December 27, 201.

Defendant G was the sole in-house director, and from July 1, 201, K Co., Ltd. (hereinafter referred to as “K”)

2) Both H, I, J, K (hereinafter referred to as “I”), J, and K were operated in fact by the Defendant B, the actual operator of the L Co., Ltd. (hereinafter referred to as “L”), and all of the instant sellers were established by the said Defendant.

B. H’s credit guarantee contract and corporate purchase financing loan contract 1) If a seller sells goods to a borrower and then claims payment of sales proceeds to a lending institution through an electronic commerce brokerage site, along with a written contract, electronic tax invoice, etc., the lending institution formally examines the transaction and then pays the proceeds to the direct seller within the loan limit. 2) The Plaintiff entered into a credit guarantee contract between H and H on December 31, 2010, 1 billion won of the guaranteed amount (1.25 billion won of the guaranteed amount, 80% of the guaranteed amount), as H receives a loan from a bank from a Korean bank, and H entered into a credit guarantee contract between H and the Korean bank as of November 20, 2012. On the same day, H enters into the said credit guarantee contract with the Korean bank.

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