1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant shall pay to the plaintiff KRW 64,000,000 and this shall apply to the plaintiff.

1. Determination on the cause of the claim

A. On May 2, 2008, the Plaintiff is the F Co., Ltd. (hereinafter “F”) on May 2, 2008

(1) The new bank (hereinafter referred to as “new bank”) shall be

(3) The term “written credit guarantee” means a letter of credit guarantee (hereinafter referred to as the “instant letter of guarantee”) stating that, with respect to the receipt of a loan from a fund for purchase, the amount of the loan shall be KRW 270,000,000,000,

(2) On April 1, 2009, the Defendant issued a tax invoice of 80,000,000 supply price to F and received KRW 80,000,000 from F on May 20, 209 upon receipt of a bill of exchange with the said amount at face value from F. The Defendant received KRW 80,000,000 from the new bank on May 20, 209.

3) In collusion with H, the Defendant, the representative director, issued a false tax invoice to F for the purpose of acquiring a loan, notwithstanding the absence of the fact that the FF did not actually sell the goods, and received a loan from a new bank upon receiving a bill of exchange. On August 19, 2009, the occurrence of a guarantee accident as prescribed in the letter of guarantee was occurred. The Plaintiff subrogated for KRW 64,00,000,000, which is KRW 80,000,000, which was paid to the Defendant to the Defendant in accordance with the letter of guarantee. (4) The Plaintiff caused the Defendant’s tort as above, which caused damages to the Plaintiff by subrogation of the new bank to the Plaintiff, and the Defendant is obliged to pay the Plaintiff the amount of KRW 64,00,000 and the amount of KRW 64,000,000,000 per annum from August 20, 2009 to the date of final delivery of the complaint.

(b).