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1. Revocation of a judgment of the first instance;
2. The plaintiff's primary claim and the ancillary claim added by this court are all available.
Reasons
1. Basic facts
A. The pertinent Plaintiff of the parties is a juristic person established under the Credit Guarantee Fund Act for the purpose of contributing to the balanced development of the national economy by guaranteeing the debt of an enterprise which lacks security capability to facilitate the financing of the enterprise, and by establishing sound credit order through efficient management and operation of credit information, and Defendant D is the representative director of Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant B is the representative director of Defendant A Co., Ltd. of the first instance court (hereinafter “A”).
B. On May 30, 2003, the Plaintiff entered into a credit guarantee agreement with A (the E was a stock company, but its trade name was changed to A on September 19, 2008), with A’s Industrial Bank of Korea (hereinafter “the Bank”), with a limit of 1.5 billion won on the guarantee transaction and the rate of 80% on the guarantee transaction, when A obtains a loan for corporate purchase funds from the Industrial Bank of Korea (hereinafter “the Bank”).
(hereinafter “instant credit guarantee agreement”). (c)
(1) Under the credit guarantee agreement of this case, A entered into an agreement on corporate purchase loan with the Industrial Bank of Korea to lend settlement funds that the Industrial Bank of Korea has to pay to A for its goods from its customer (seller), but the loans are deposited directly into the account of its customer (seller), and A entered into an agreement on corporate purchase loan with the Industrial Bank of Korea to repay the loans equivalent to the sales proceeds to the Industrial Bank of Korea at the fixed due date.
(2) There are two ways for a financial institution to lend funds to a purchasing company which is a debtor for a loan. One is the so-called "bill of exchange" method by issuing a bill of exchange with a tax invoice issued by a selling company which is a customer and with a bill of exchange in which the seller is a beneficiary and the seller makes a payment to a financial institution.