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(영문) 울산지방법원 2018.07.17 2017가단63308
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 29, 2013, E Co., Ltd. (hereinafter “E”) entered into a subdivision supply contract (hereinafter “instant supply contract”) between F University (hereinafter “F University”) and the supply price on October 29, 2013, with the terms of KRW 402,60,000, and the terms of contract on October 29, 2013 as of February 27, 2015, and FF paid KRW 120,780,000 out of the price to the account (Account G; hereinafter “the account of the instant national bank”).

B. On December 30, 2014, E filed an application for public purchase loan with the Korea Development Bank, and at the request of the Korea Development Bank, Korea Enterprise Data Co., Ltd (hereinafter “Korea Enterprise Data Co., Ltd.”) sent the request for cooperation (hereinafter “the request for cooperation of this case”) by seeking confirmation of contractual information and settlement account information for lending public purchase loan to the Frane on January 2, 2015.

However, the above written request for cooperation includes the following contents: (a) the settlement account of the instant supply contract is fixed to the account in the name of the industrial bank account in the name of E (hereinafter “instant industrial bank account”).

I E H

C. In relation to the original case of the instant supply contract with E, Defendant C was a person in charge of the FF procurement team.

However, on January 2, 2015, Defendant C received a request from a person in charge of Korean corporate data to send Korean corporate data with a seal on the documents related to public purchase via a telephone from the person in charge of Korean corporate data. Defendant D reported this to Defendant B, the head of the purchase team team team leader, and then prepared a contract information confirmation and a settlement account information confirmation, which are related documents related to public purchase, and sent the said documents by facsimile to Korean corporate data.

The confirmation document of the above settlement account information contains the following:

[Contract Price Settlement Account] Bank: I Deposit Account for Industrial Bank: The name of the account holder: The name of the branch office E: the public purchase theory E of the Pyeongtaek Housing Site.

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