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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established under the Credit Guarantee Fund Act with the aim of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capability and facilitating the financing of the enterprise, and by establishing sound credit order through the effective management and operation of credit information.
B. On May 11, 2009, the Plaintiff entered into an agreement with the non-party company C (hereinafter “non-party company”) to provide a loan for corporate purchase funds from a corporate bank, and the Plaintiff entered into a credit guarantee agreement with the guarantee period of KRW 190,00,000, and the guarantee period of KRW 1000,000 until May 10, 2010, with the guarantee rate of KRW 95% until May 10, 201. On May 10, 2010, the guarantee period of KRW 180,000,000, the guarantee period of KRW 90% was changed to May 9, 201, and the guarantee rate of KRW 90.
C. In accordance with the instant credit guarantee agreement, the non-party company loaned the settlement funds that the non-party company (the purchasing company) should pay to the non-party company for the supply of goods from the customer (the company) to the non-party company by means of B2B (the method of submitting a written request for collection of the sales proceeds that the seller prepared and transmitted in electronic form by computer, etc.). However, the loan was directly deposited into the sales company's account, and the non-party company entered into an enterprise purchase financing agreement with the purport that the non-party company will repay loans equivalent to the sales proceeds to the company'
On October 21, 2010, the non-party company was supplied with 200 road strawers 28,300,000 won by Defendant B, and the price of 28,300,000 won was paid through the above corporate purchase financing loan agreement. Defendant B approved the above contract. The non-party company borrowed 28,30,000 won from the above business bank as the above transaction price on October 25, 2010, and the above loan was paid directly to Defendant B’s account.
E. Nonparty Company is the non-party company on 2010.