손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The pertinent Plaintiff provided credit guarantee when C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a loan agreement with the Industrial Bank of Korea for corporate purchase funds.
Defendant A Co., Ltd. (hereinafter “Defendant Company”) received loans from the Industrial Bank of Korea as sales proceeds, and Defendant B is the representative director of the Defendant Company.
B. On August 17, 2007, the Plaintiff entered into a credit guarantee agreement with the non-party company and issued a written credit guarantee agreement on August 14, 2008, with the guarantee term of KRW 400 million, and the guarantee term of KRW 400 million.
The non-party company submitted the credit guarantee letter and entered into a loan agreement with the Industrial Bank of Korea for corporate purchase of KRW 500 million.
C. (1) On June 17, 2008, the non-party company filed an application for loans for corporate purchase with the Industrial Bank of Korea for KRW 300 million, along with the tax invoice of KRW 92,550,210, the supply price of May 30, 2008, the tax amount of KRW 180,192,501, the tax amount of KRW 18,019,250 as of May 30, 2008, and the tax amount of KRW 92,550,210, the supply price of June 2, 2008, and KRW 9,25,021 (hereinafter collectively referred to as “each tax invoice”).
(2) The Industrial Bank of Korea deposited KRW 300 million in the Defendant Company’s account on the same day.
(hereinafter “instant loan”). D.
On July 17, 2008, the non-party company suffered a credit guarantee accident due to a credit guarantee accident and payment by subrogation. On November 5, 2008, the Plaintiff paid KRW 200 million and interest KRW 6,272,761 as a subrogation for the loan of this case to the Industrial Bank of Korea.
[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 6, Gap evidence 8, the purport of whole pleadings
2. Determination on the cause of the claim
A. (1) The plaintiff company and the non-party company conspired to trade the actual goods corresponding to each of the tax invoices of this case.