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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a juristic person established under the Credit Guarantee Fund Act for the purpose of ensuring the debt of an enterprise which lacks security capacity and facilitating the financing of the enterprise. 2) On March 28, 2011, the Plaintiff entered into a credit guarantee agreement with the Defendant Incorporated Company A (hereinafter “A”) with respect to the obligation to repay corporate purchase loan amounting to KRW 33,561,00,000 that A received from the KEB foreign exchange bank (hereinafter “foreign exchange bank”), and issued a credit guarantee agreement with the Plaintiff for credit guarantee (hereinafter “the instant credit guarantee agreement”), setting the period of guarantee as 80%, and as until June 25, 2011, with respect to the obligation to repay corporate purchase loan amounting to KRW 33,561,00.
3) A submitted the above credit guarantee statement as a collateral and entered into an agreement for corporate purchase loan with the foreign exchange bank. (b) Defendant C’s supply of goods and the implementation of corporate purchase loan to Defendant C is an individual entrepreneur who manufactures and supplies household goods, etc. in the trade name of “D”.
2) From around 2005, Defendant C supplied goods, etc. to Defendant A, and based on the tax invoice (issuance date: on March 25, 2011; clothes, fronts, etc.; and bills of exchange (E) issued by Defendant C as the recipient of the goods, etc. to Defendant A, the amount equivalent to KRW 33,561,00,00 that the foreign exchange bank loaned to Defendant A on March 28, 201 (hereinafter “instant corporate purchase loans”).
(C) The Plaintiff’s subrogation for corporate purchase loan incurred a credit guarantee accident stipulated in the instant credit guarantee agreement, in which Defendant A did not pay the principal and interest of corporate purchase loan, and the Plaintiff subrogated to the foreign exchange bank for KRW 26,848,800, equivalent to 80% of the amount of guarantee out of the instant corporate purchase loan on December 27, 2011. [based on recognition] fact that there is no dispute, and evidence A1 through 7 (including the serial number).