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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) is a company that manufactures D and sells it in home shopping, and if the company’s operating funds are needed, it has been used to lend electronic bills from E (hereinafter “E”).
B. F, the actual operator of C, on April 10, 2015, borrowed KRW 100 million from the Plaintiff as of April 17, 2015 in order to use it as the settlement fund of electronic bills issued by E (hereinafter “instant loan”), and the Defendant, the business president of E, as the joint and several liability for the said loan.
C. On April 29, 2015, E issued an electronic bill (G and bill; hereinafter the same shall apply) issued on June 30, 2015 with the payee C as its face value, and on June 30, 2015 with the maturity of KRW 150 million. On June 29, 2015, E recovered the above bill and issued an electronic bill (hereinafter the “electronic bill of this case”) with the payee as its Plaintiff on October 31, 2015.
On October 31, 2015, the Plaintiff requested a corporate bank that issued the instant electronic bill to pay the bills, and the account of E was insufficient to pay the bills.
E. Accordingly, E requested the Plaintiff to support the settlement fund of bills, and on November 2, 2015, the Plaintiff deposited KRW 150 million with the H bank account of E, and E deposited the said amount into the E’s corporate bank account again, and the corporate bank paid KRW 150 million to the Plaintiff on the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 11, the purport of the whole pleadings
2. The assertion and judgment
A. (1) The plaintiff asserts that the defendant, a joint and several surety of the loan of this case, is liable to pay 100 million won of the loan of this case and damages for delay to the plaintiff.
(2) The defendant against this, E.