손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Presumed facts
A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability.
Defendant B was the representative director of Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant D is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”).
B. In order to obtain a corporate purchase financing loan from a national bank (the predetermined amount of KRW 125 million), the Plaintiff provided a credit guarantee with the purport that Defendant A bears a guarantee liability for 80% of the predetermined amount of the loan. In receiving a corporate purchase financing loan (the predetermined amount of KRW 100 million) from the Industrial Bank of Korea, the Plaintiff provided a credit guarantee with the purport that the Industrial Bank of Korea bears a guarantee liability for 85% of the predetermined amount of the loan (the change to 80% upon an application for change to the terms and conditions of the credit guarantee). The Defendant A entered into an agreement with the National Bank and the Industrial Bank
C. Defendant C issued a tax invoice while selling goods to Defendant A as follows. Defendant C applied for a corporate purchase loan to the National Bank and the Industrial Bank of Korea on this basis, and Defendant C received the following loans (hereinafter “instant loans”) on its own account:
The National Bank of Korea shall issue the loan amount of April 27, 209, 264, 739, May 22, 2009, May 22, 2009; on May 30, 205, 27, 193, 205, 725; on May 25, 209, the aggregate of 74,520,520, 96; on September 17, 209, 193, 705; on May 25, 2005, 96; on May 16, 200, 96; on May 17, 2009; on June 19, 2005; on June 19, 2005; on June 19, 2005; on May 20, 2009; on the date of the loan issued; and on May 15, 164, 2008>
D. Defendant A incurred a credit guarantee accident that could not pay the principal and interest of loans to the above banks, and the Plaintiff is above.