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(영문) 서울중앙지방법원 2016.06.14 2015가합573005
손해배상(기)
Text

1. Defendant A Co., Ltd and Defendant B jointly share KRW 363,452,754 with respect to the Plaintiff and the Plaintiff from February 28, 2009 to February 25, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capacity. 2) Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company established for the purpose of construction, design and supervision service, etc., Defendant C Co., Ltd. (hereinafter “Defendant C”), Defendant E Co., Ltd. (hereinafter “Defendant E”), and Defendant G Co., Ltd. (hereinafter “Defendant G”) as the business partner of Defendant A, respectively.

3) Defendant B worked as the representative director of Defendant A from September 27, 2007 to August 11, 2008, and Defendant D is the representative director of Defendant C, Defendant F is the representative director of Defendant E, and Defendant H was working as the representative director of Defendant G from April 1, 2004 to June 18, 2010. (b) The Plaintiff was issued a credit guarantee certificate with the content that the Plaintiff is liable for guarantee (hereinafter “instant guarantee”) with respect to 85% of the loan amount of KRW 1,70,000,000 from the Industrial Bank of Korea (hereinafter “The Bank”) on April 29, 2005 when receiving the loan for corporate purchase funds from Defendant A, and the Plaintiff was issued a credit guarantee certificate with respect to 85% of the loan amount of KRW 1,70,000,000 by April 28, 2006 (hereinafter “instant guarantee certificate”).

2) Defendant A submitted the instant guarantee to the Industrial Bank of Korea, and entered into an agreement on the loans for corporate purchase with the Industrial Bank of Korea. (c) Defendant A applied for the loans for corporate purchase from the Industrial Bank of Korea on January 31, 2008, KRW 189,195,743 from the Industrial Bank of Korea (220,000, Jan. 30, 2008) in the name of the Defendant C, KRW 107,320,000 in the name of the Defendant E (167,20,000, Jan. 30, 2008), and KRW 65,230,000 in the name of L&C (30,000,000 on Jan. 10, 208), and in the case of a stock company, the tax invoice in the name of L&C (30,000,000 won on Jan. 30, 2008).

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