손해배상(기)
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Basic 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.
Co-Defendant A Co-Defendant A (hereinafter referred to as “A”) of the first instance court is a company established on September 28, 200 for the purpose of carrying on the manufacturing business, etc. of advanced factory expenses. Co-Defendant B of the first instance court (hereinafter referred to as “B”) is a representative director of A, and Co-Defendant D of the first instance court (hereinafter referred to as “D”) is an auditor and an accounting employee of A.
Co-Defendant C of the first instance trial (hereinafter referred to as “C”) has operated an industrial machinery service company in the name of “G” from November 11, 2003 to the wife of B, with the trade name of “F”.
B. B. Between the Industrial Bank of Korea and A, the Industrial Bank of Korea loaned funds that the Industrial Bank of Korea should pay for the goods from the customer (sales Company) to A, and deposited the funds into the account of the customer (sales Company). A entered into an agreement with the Industrial Bank of Korea for loans for corporate purchase funds (BB) with the purpose of repaying the loans to A, and the Plaintiff entered into a credit guarantee agreement with A to guarantee the Plaintiff for 90% of the above corporate purchase loans owed by A to the Industrial Bank of Korea (hereinafter “the instant credit guarantee agreement”).
C. A’s representative director B and C, on May 6, 2013, prepared an electronic commerce contract in which A purchases goods equivalent to KRW 26 million from C (F), and received a loan of KRW 26 million from the Industrial Bank of Korea to C, and subsequently transferred the loans of KRW 175,562,000 in total to C in the same manner eight times from August 23, 2013 from that time to August 23, 2013.
Meanwhile, C is the Defendant’s account of KRW 161,586,750 out of the above loans of KRW 175,562,00,000, as D’s accounting employee, and KRW 10,000,000 from June 25, 2013.