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(영문) 인천지방법원부천지원 2017.06.28 2016가합100965
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

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) The Defendant is a person registered as the representative of a mutual clothes wholesale and retail enterprise, “B” and C is the representative director of the Defendant’s former husband (Divorce on September 9, 2010).

B. A credit guarantee agreement and B2B loan agreement on behalf of the non-party company entered into a credit guarantee agreement with the Plaintiff on April 9, 2009, covering KRW 474,810,00 (Guarantee Rate 85%) and the guarantee period from April 9, 2009 to April 8, 2010 on behalf of the non-party company. Under the said credit guarantee agreement, a credit transaction agreement was entered into between the new bank and B2B company purchase funds for the credit subjects on April 10, 209, with the new bank and B2B company purchase funds for the credit loans, credit amounting to KRW 558,60,000, and the transaction period from April 10, 2009 to April 8, 2010.

C. Although the fact that a goods supply contract was not actually concluded between the non-party company and the defendant (B), the non-party company would have assumed that the non-party company received goods from the defendant (B) by means of preparing false goods supply contract and electronic tax invoices, etc., and its member borrowed KRW 313,950,000 in total from November 25, 2009 to February 5, 2010 from the new bank as the corporate purchase fund.

On February 17, 2010, the non-party company lost the benefit of time for the loan to the new bank. As of February 22, 2010, the loan balance to the non-party company's new bank was KRW 558,585,150, and the Plaintiff's guarantee balance reached KRW 474,797,378, equivalent to that of the 85%. 2) The Plaintiff subrogated to the new bank under the credit guarantee agreement on March 25, 2010, KRW 479,638,191 out of the above loan balance to the new bank.

[Reasons for Recognition] Gap 1 to 5, 10, 12 to 5.

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