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The plaintiff's appeal is dismissed in entirety.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of appeal is the judgment of the court of first instance.
Reasons
1. The court's judgment citing the judgment of the court of first instance shall be deemed to be "A", "Defendant B", "Defendant C" and "Defendant D" as "C", and "16,061,683 won" among the bill amount in Nos. 11 and No. 4 as "17,061,683 won" shall be deemed to be "17,06,683 won", and the following judgment shall be deemed to be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act (excluding the part concerning defendant A, B, C, and D, which becomes separate and conclusive).2.2.
A. The summary of the Plaintiff’s assertion is that A, in collusion with Defendant E, made a loan and a financing bill for it, and obtained a corporate purchase financing loan from G bank for the settlement thereof. Such an act constitutes a tort by acquiring the loan by fraud through an unreasonably limited corporate purchase financing system.
In addition, A and Defendant E have acquired corporate purchase funds through a tax invoice by using the weak points of the corporate purchase fund loan and the discount bill loan system, and they have committed a tort by acquiring the discounted bill loans equivalent to the same amount.
Therefore, the Defendants jointly and severally are liable to compensate the Plaintiff for damages arising from the tort as above, and the Plaintiff, who repaid the first preliminary repayment on the company’s loan to G bank, subrogatedly pays damages incurred by G bank to the Defendants.
Although it is not clear that the plaintiff's assertion is not clear, it is deemed that the plaintiff's preliminary right pursuant to the above-mentioned defense is also asserted in consideration of the plaintiff's argument in the first instance trial.
B. As seen earlier, ① applied for a corporate purchase fund loan to G bank based on the instant tax account statement issued by Defendant E, and Defendant E received a loan from Defendant E, and ② Defendant E remitted the said loan to A.