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The judgment below is reversed, and the case is remanded to the Seoul Western District Court.
Reasons
The grounds of appeal are examined.
1.(a)
The judgment below
According to the reasons, the court below acknowledged the following facts by taking full account of adopted evidence.
(1) On October 2, 2005, C established the F Co., Ltd. (hereinafter “F”) on October 22, 2010 while carrying on its own business with the trade name “D,” and both “D” and “F” were both companies with the main purpose of wholesale and retail business, and the representative was also the same as C.
(2) The Defendant, under 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 April 201, and issued a tax invoice with F as the opposite contractual party from May 201, when selling food materials to “D.”
(3) On April 12, 2011, the Plaintiff entered into a credit guarantee agreement with C (mutual name: D) for 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 issued C a written credit guarantee agreement whereby the guarantee amount of KRW 81 million, the loan amount of KRW 90 million, the guarantee amount of KRW 90 million, and the guarantee rate of KRW 90% on the same day.
(4) On the basis of the tax invoice received by E Bank from the seller, C entered into an agreement with E Bank to pay the amount of loans directly to the seller (hereinafter “instant loan”), and submitted the credit guarantee form.
(5) The instant loan was made by a purchaser and a seller to enter into an electronic commerce contract through a business intermediary and to conduct electronic commerce business among the companies requesting the collection of sales proceeds to a bank through a MP company, and both C and the Defendant joined the Internet site of “G” (hereinafter “instant MP site”).
(6) C access to the instant MP website on June 1, 201 and the date of the sales contract is June 1, 2011.