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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. Defendant A Co., Ltd. (hereinafter “A”) whose representative director is the Defendant A Co., Ltd. (hereinafter “Defendant A”), issued bills of exchange and entered into a contract for corporate purchase loan with the content that the Plaintiff would directly pay the amount equivalent to the amount of the transaction to the Defendant A if the seller would pay the bills of exchange and the tax invoice for the transaction with the Defendant to the Nonparty bank.
B. On September 20, 2010, the Plaintiff provided a credit guarantee to Defendant A for a loan owed to a non-party bank according to the above business purchase loan agreement with the estimated amount of the loan amount of KRW 940 million, the guaranteed amount of KRW 752 million, the guaranteed amount of KRW 752 million, and the guaranteed term of September 16, 201.
C. On January 7, 2010, Defendant C Co., Ltd (hereinafter “C”) filed an application for the payment of a loan with the Defendant Company on the bill of exchange with a face value of KRW 50 million with the Nonparty Bank, and each tax invoice consisting of KRW 32,09,232 on November 30, 2009 (including value-added tax; hereinafter the same shall apply), KRW 42,596,590 on December 31, 2009, and the Nonparty bank paid KRW 50 million on January 11, 2010 to the Defendant Company C for a loan under a contract between the Defendant and the Defendant Company.
On February 12, 2010, Defendant C (hereinafter “C”) presented a draft of exchange with a face value of KRW 50 million at a non-party bank, and each tax invoice consisting of KRW 42,596,590 on December 31, 2009, and KRW 36,828,475 on January 31, 2010, and the non-party C paid KRW 50,000 to Defendant C and carried out loans under a corporate purchase loan agreement with the Defendant.
E. The Plaintiff, around December 15, 2010, lost the benefit of the deadline for the above corporate purchase loan, and the Nonparty bank claimed the performance of the guaranteed obligation. On March 17, 2011, the Plaintiff subrogated the principal and interest of KRW 57,323,837, out of the total amount of the above loan 100 million.
【Ground of recognition】 There is no dispute, A.