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1. The plaintiff's appeal is dismissed.
2.(a)
In accordance with the application for the return of provisional payment, the Plaintiff is the Defendant at KRW 56,97,654.
Reasons
1. After the process of litigation and remand, the plaintiff alleged that the defendant conspired with C to commit a tort by deceiving E Bank, thereby causing damage to the plaintiff, and the defendant filed a claim for damages based on a tort against the defendant, but the court of first instance dismissed the plaintiff's claim.
Accordingly, the Plaintiff appealed, and the trial before remanded the case, accepted the remainder of the Plaintiff’s claim except for the part concerning delay damages among the Plaintiff’s claim and rejected the remainder of the appeal.
Therefore, the defendant appealed, and the Supreme Court reversed the part against the plaintiff and remanded it to this court.
Since the part against the plaintiff in the trial before remanding is judged separately by the above judgment, the scope of the trial after remanding shall be limited to the part cited by the trial before remanding the plaintiff's request.
2. The following facts may be acknowledged in full view of Gap evidence Nos. 1, 3, 6, 8, 9, and Eul evidence Nos. 1 to 3 and the purport of the whole pleadings.
C A. From October 2, 2005, while carrying on a self-business with the trade name “D”, the F Co., Ltd. (hereinafter “F”) was established on October 22, 2010, and both “D” and “F (State)” were companies mainly engaged in wholesale and retail business, and the representative was also the same as C.
B. The Defendant, with the trade name of “B”, engaged in freezing fishery products processing and wholesale and retail business, sold food materials to “D” from July 2008 to the end of April 201, and issued a tax invoice with F as the opposite contractual party from May 201.
C. On April 12, 201, the Plaintiff entered into a credit guarantee agreement with C (mutual name: D) on a credit guarantee amount of KRW 81 million, the period of the credit guarantee, from April 12, 201 to October 11, 201, setting the creditor as an E bank respectively, and entered into a credit guarantee agreement with E bank, and on the same day, KRW 81 million, and the amount of the loan to C.