On December 17, 2010, the Plaintiff entered into a credit guarantee agreement with the Defendant Company and the National Bank of the Defendant Company with the estimated amount of KRW 1.6 billion, the guaranteed amount of KRW 128 billion and the guaranteed period until December 14, 2012.

B. Defendant C, the representative director of the Defendant Company B and D, pretended to engage in a transaction even though there was no actual transaction between the Defendant Company and D, through acquiring loans from a national bank and offered to use them as operating funds of the Defendant Company. Despite the fact that it did not engage in an actual transaction, the Defendant C issued each tax invoice of KRW 60 million on November 30, 201, KRW 50 million on December 5, 201, and KRW 60 million on December 12, 201.

Defendant C received a purchase fund loan from a national bank on each of the above dates, and then remitted it again to Defendant C’s account as the wife of Defendant B.

C. On December 24, 2012, the Plaintiff subrogated to the National Bank for KRW 128,882,388 according to the credit guarantee agreement, as the Defendant Company was unable to repay the above loans.

[Based on recognition, according to the above-mentioned facts, the defendant company, the defendant B: without dispute, Gap 1 through 5, Eul 1, and Eul 1 and 2, and the overall purport of the oral argument as to the cause of claim for confession: The defendant Eul and the defendant C acquired a loan of KRW 170 million by deceiving a national bank, thereby inducing the plaintiff to pay for KRW 128,882 and 388, thereby causing damage corresponding thereto.

On the other hand, the company shall be jointly and severally liable with the representative director if the representative director causes damage to another person due to his business performance.

(Article 389(3) and Article 201 of the Commercial Act. Therefore, the Defendants are liable to compensate for damages incurred by the Plaintiff due to the tort stipulated in paragraph (1) of the same Article.

As to this, the defendant company and the defendant B should pay the defendant company to D while doing the work together with the defendant C.