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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 20, 2010, the Plaintiff entered into an agreement with C to provide credit guarantee services for a corporate purchase loan that C receives from a new bank with the term of 180,000,000 won of the guaranteed principal, 90% of the guaranteed rate, and September 19, 2011.
(hereinafter “instant guarantee agreement”). B.
C The credit guarantee agreement between the new bank and the new bank was submitted as a security, and C entered into an agreement with the new bank to pay the loan to the customer by issuing a tax invoice and a bill of exchange and proposing the transaction partner to pay the loan.
C. On September 30, 2010, Defendant A presented to the new bank a bill of exchange issued by C and received KRW 30,000,000 from the new bank.
C The Plaintiff paid 27,00,000 won on April 21, 201, equivalent to the guaranteed ratio among the above loans, because C did not pay the loans for corporate purchase funds as above.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion C and the Defendant A knew of the content of the “Rules of Acquisition Tax for Enterprise Purchase Loan Loans by Financial Institutions” that only if the tax invoice issued in the course of normal transactions is presented within 30 days from the date of issuance, they could be offered with a loan for corporate purchase, and in collusion, did not exist for the purpose of paying the existing price of goods by deceiving a new bank by issuing a false tax invoice for the transaction on September 30, 2010, which was not actually established for the purpose of paying the price of goods.
Therefore, Defendant A and Defendant B, the representative director, are liable to compensate for damages equivalent to the amount of subrogation paid by the Plaintiff as joint tortfeasor.
B. According to the evidence Nos. 4, 5, and 1 of the judgment of the court below, Defendant A is between Defendant A and C.