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(영문) 서울중앙지방법원 2017.11.01 2017가합520685
채무부존재확인
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 was working as the branch office of Defendant B from January 13, 2015 to March 7, 2016.

C worked as a staff member of Defendant B branch office in charge of corporate credit and foreign exchange affairs.

B. Purchasing export bills of exchange with false financial statements, etc. 1) D Co., Ltd. (hereinafter “D”).

E, the representative director of Singapore, requested the Defendant to purchase export bills of exchange issued by D in relation to the export of weapons of credit to Singapore, and on October 8, 2015, the Defendant incurred sales and net profit at Defendant B’s branch and forged financial statements confirmations (hereinafter “instant financial statements”) as if they did not have liabilities.

(C) On October 14, 2015, upon being aware of the forgery of the instant financial statements, C presented BB grade that allows D’s corporate credit rating to be used as credit transactions (on a practical basis, CCC grade that could not enter into a foreign exchange transaction contract with the Defendant).

(2) Accordingly, on November 19, 2015, the Defendant entered into a credit transaction and foreign exchange transaction agreement with D to purchase export bills (hereinafter “foreign exchange transaction agreement of this case”), and purchased each of the bills of exchange of USD 3 million and USD 1.5 million export bills of exchange of USD 1.5 million in the United States of America issued D and paid USD 4.5 million in the purchase price.

(3) The Plaintiff approved the foreign exchange transaction agreement of this case and the purchase of the export draft. C. The Defendant filed a complaint with E on March 18, 2016, and E and C filed a complaint, including the facts stated in the above paragraph (b), and E and C have violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Bribery).

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