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. Basic facts
A. On October 13, 2004, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with the Defendant B, the representative director of D Co., Ltd. (hereinafter “D”), and concluded a loan agreement with E Co., Ltd. on October 14, 2004 on the credit guarantee agreement of KRW 517,00,000 with the credit limit of KRW 517,00,000,00 with the credit limit of KRW 439,450,00 with the guaranteed principal, and until October 12, 2005 (the extension until October 12, 2007).
B. From April 19, 2007, Defendant B filed an application with the E Bank to implement a loan for purchase of goods purchased from F as the representative of Defendant C, and submitted a tax invoice, etc. issued by F.
Accordingly, in accordance with the above loan contract, E Bank deposited loans of KRW 10 million on April 19, 2007, KRW 150 million on June 20, 2007, KRW 150 million on July 11, 2007, KRW 150 million on August 13, 2007, KRW 95 million on August 13, 2007, KRW 112 billion on September 5, 2007, KRW 517 billion on deposit to Defendant C (the name of the depositor: F) who is a seller, and implemented the loan.
C. Defendant C deposited the loans received from E Bank as above into the account in full D on or following the date of payment.
On October 23, 2007, a guarantee accident occurred with D's current account. On November 27, 2007, the Plaintiff repaid KRW 418,754,524 to E Bank on behalf of D on November 27, 2007.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 11 and 12, the purport of the whole pleadings
2. Although Defendant B did not purchase goods from F, in collusion with Defendant C in order to obtain a loan from E bank for corporate purchase funds, the Plaintiff received a false tax invoice as if the goods were purchased from F, thereby deceiving the loan from E bank. After the occurrence of a guarantee accident, the Plaintiff acquired the loan from E bank in accordance with the credit guarantee agreement of this case.