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(영문) 서울서부지방법원 2016.07.20 2016가합30692
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff KRW 589,282,123 and KRW 584,173,755 among them, from September 16, 2010 to February 16, 2016.

Reasons

1. Facts of recognition;

A. Defendant A is the representative director of Defendant A Co., Ltd. (hereinafter “D”), and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaging in the wholesale business of computer parts, which is a business partner of D, and Defendant C is the representative director of the Defendant Co., Ltd.

B. The Plaintiff entered into a credit guarantee agreement, etc. with D on March 31, 2008 is a national bank (hereinafter referred to as a “national bank”) that D, a corporate director, etc.

(i)in obtaining a loan from a business purchase fund, 800,000,000,000 and 80% of the amount of the loan (the amount of the guarantee shall be 640,000,000,000, and the credit guarantee agreement shall be hereinafter referred to as the "credit guarantee agreement in this case").

After concluding a credit guarantee, D entered into a credit guarantee agreement with a national bank as collateral. D basically set a total amount of credit limit and inputs transaction information on the Internet website of a purchasing company and a selling company into a credit guarantee agreement. If a purchasing company and a selling company enter into a transaction information on the Internet website of a brokerage company, it is almost real-time payment of a purchase fund loan through an account registered with a selling company after a formal examination. (c) The Defendant Company was transferred from the national bank to the Defendant Company’s account at least seven times from November 2009 to February 2, 2010 as follows: (a) the details of loans under Table 1: (b) the Defendant Company’s “the details of loans” was limited to seven times from February 2, 2010 to KRW 800,000,000 for a computer wave, etc. in amount to KRW 800,000,000 from the national bank.

[Attachment 1] The amount of each item (open) loan on the date of the sales contract entered in the account book of lending 209-11-19, 1000- 65,000-11-18,000 credit sales account deposit (overward deposit) 2009-11-24 E 1000,000 credit sales account deposit (overward deposit) 2009-11-24 E 100,000 credit sales account deposit 209-11-24 E 35,000,000 credit sales account deposit amount of 209-11-245,000,000 credit sales account deposit amount of 209-11-245,000,000 credit sales account.

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