손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On April 20, 2011, the Plaintiff provided a credit guarantee for 90% of the obligations to repay loans due to the 2B purchase fund loan (hereinafter “enterprise purchase fund loan”) to which space is to be borne by a single bank (hereinafter “space”).
No. Serial No. 129,580,00 won on December 13, 201, 201, the total supply value of H pipeline materials 17,49,900 won on December 2, 201, in total, KRW 187,000 on December 14, 2011, in total, KRW 39,920,100 on H pipeline materials 39,920,000 on December 14, 201.
B. The Defendant issued three tax invoices that the goods were supplied in outer space, as follows, and received three corporate purchase financing loans from one bank under the Plaintiff’s credit guarantee. The amount equivalent to the above amount of the goods was settled in the form of a three-party corporate purchase financing from one bank.
[Ground of Recognition] Unstrifed Facts, Gap evidence 2, 3-1, 4-1, and 12
2. The plaintiff's assertion
A. Space was not repaid the above loans on August 30, 2012, and the Plaintiff incurred losses equivalent to the amount by performing its surety obligation to Han Bank on November 20, 2012.
B. In order to obtain a loan for corporate purchase fund, a genuine tax invoice issued through an actual transaction between a purchaser and a seller is required. The Defendant issued a tax invoice to the effect that the Defendant only issued a false tax invoice as if it sold goods to space without actual transaction, or, even if it actually supplied goods, it could not claim the price of goods in space because it was supplied as payment in kind. Furthermore, as a part of a loan for corporate purchase fund, approved the purchase information that the space was falsely prepared on the business website of the company, the MP company, as a part of the loan for corporate purchase fund, to implement the loan for purchase fund, reliance on the request for the collection of sale proceeds.
C. In other words, the defendant is space.