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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. C is a person who produces clothes, sheeps, etc. under the trade name of “D (or E,” and was supplied with fibers, etc. from Defendant A Co., Ltd. (hereinafter “Defendant A”). Meanwhile, Defendant B is a representative director of Defendant A.
B. On September 20, 2010, in receiving a loan from a new bank by C, the Plaintiff issued a credit guarantee certificate (hereinafter “instant guarantee certificate”) with the content that: (a) the amount of the loan was KRW 180,000,000 equivalent to 90% of the amount of the loan plus KRW 200,000,000, which is the guaranteed principal; and (b) the term of the guarantee was until September 19, 2011.
C. Around that time, C submitted the instant guarantee to a new bank as a security, ① applies for a loan to a new bank on the basis of the tax invoice received by the seller (Transaction). ② Accordingly, if the seller transmits the bill of exchange to a new bank the bill of exchange or the written request for the collection of the sale proceeds, C entered into an agreement with the new bank to pay the amount on the bill of exchange or the written request for the collection of the sale proceeds (hereinafter “the instant loan”).
C was issued a tax invoice as of September 30, 2010, the supply value of which is KRW 30,000,000 by Defendant A in accordance with the above Enterprise Purchase Loan Agreement. On September 30, 2010, Defendant A issued a bill of exchange with the face value of KRW 30,000,000 to Defendant A, and applied for loans equivalent to the same amount to the new bank. Accordingly, Defendant A received KRW 30,00,000 from the new bank by presenting the said bill of exchange to the new bank on the same day.
(hereinafter referred to as the “instant loan course” in total of the series of processes in which the Defendant received KRW 30,000,000 according to the instant purchase fund loan.
However, there was a credit guarantee accident where C did not pay the money borrowed from a new bank, and the Plaintiff on April 21, 201, extended the above loans to the new bank on April 21, 201.