Text
1. The plaintiff's claims against the defendants are all 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 for the purpose of facilitating corporate financing by guaranteeing the debt of an enterprise which lacks security capability.
Defendant B is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and C Co., Ltd. (hereinafter “C”) is a trader who has traded goods supplied by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).
B. Around June 25, 2010, the Plaintiff entered into a credit guarantee agreement and a loan agreement for corporate purchase funds. Around June 25, 2010, the third party branch of a corporate bank Co., Ltd. (hereinafter “corporate bank”).
(B) A credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”) with respect to the obligation to repay KRW 1.8775 billion to a company purchase fund to obtain a loan from a seller in B2B (the submission of a written request for collection of the proceeds from sale prepared and transmitted by a seller in an electronic form by computer, etc.) until June 24, 201, including the guaranteed principal amount of KRW 1.5 billion (80% of the guaranteed principal) and June 24, 201
(2) C) submitted the said credit guarantee statement as security and concluded a loan agreement with the corporate bank for corporate purchase funds.
C. 1) Corporate purchase financing loan is executed in a manner that, when a tax invoice prepared between a lending obligor and a transaction partner is submitted to a lending institution, loans equivalent to the transaction amount are directly paid to the transaction partner within the agreed lending limit. 2) C submitted an electronic commerce contract to the effect that C was supplied with water supply and sewerage systems and equipment by the Defendant company three times from July 1, 201 to September 5, 201, and received a total of 547,951,470 won from an enterprise bank (hereinafter “instant loan”).
A loan in this case by C, such as the occurrence of a credit guarantee accident and subrogation.