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. A. On June 11, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant guarantee agreement”) with APS (hereinafter “APS”) with the Industrial Bank of Korea, whereby LPS takes out a loan from the Industrial Bank of Korea, with the guarantee principal of KRW 840,00,000, and the guarantee period from June 11, 2009 to June 10, 2010 (hereinafter “instant guarantee agreement”).
B. Pursuant to the instant guarantee agreement, LFS submitted to the Industrial Bank of Korea a credit guarantee agreement issued by the Plaintiff, and entered into an agreement with the Industrial Bank of Korea for corporate purchase loans worth KRW 1,000,000,000.
C. AFS had a trade relationship with Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant Co., Ltd.”) that carries on the business of raising agricultural and livestock products, etc., but paid the Defendant Co., Ltd the money indicated in the following “loan Amount” column by using the above business purchase financing agreement as indicated in the following table:
(hereinafter “the instant loan”). The amount of loans extended on the date of the sequence 87,00,000 on September 25, 2009, KRW 374,000,000 on October 12, 2009, KRW 30,000 on October 26, 2009, KRW 43,93,000 on November 25, 2009, KRW 55,000 on November 14, 200, KRW 374,000 on November 25, 2009.
D. However, on March 31, 2010, under the instant guarantee agreement, LFS paid 85,258,869 won to the Industrial Bank of Korea on behalf of the Plaintiff, as it was impossible for the Plaintiff to repay the above corporate purchase fund loans to the Industrial Bank of Korea.
[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-9 (including a provisional number), and the purport of the whole pleadings
2. Defendant B, the representative director of the Defendant Company and the Defendant Company, in collusion with EPS, issued a false tax invoice and made the instant loan to be paid to the Defendant Company even though there was no actual goods transaction between the Defendant Company and EFS, and subsequently returned to EF amounting to KRW 306,00,000.