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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts of the basis may be recognized by adding up the whole purport of the pleading (including any fact with no dispute) to each entry of Gap 1 through 6, Gap 11, and 12.
On August 10, 2011, the Plaintiff provided a credit guarantee to 90% of a corporate purchase fund loan (a normal business activity in line with its business objectives in relation to a transaction between a company with a business registration certificate issued by a financial institution and a company that purchases goods and services) to be paid by C, Inc. (hereinafter “B”).
The Defendant, “E,” issued a tax invoice on June 25, 2012 that he sold clothing equivalent to KRW 56,00,000 to C, and accordingly requested the Nonparty bank to collect the sales proceeds and received KRW 56,00,000 from the Nonparty bank on June 25, 2012.
Since then, C did not repay a loan for corporate purchase, including sales proceeds 56,00,000, which was paid from the above loan to the non-party bank. Upon receiving a claim from the non-party bank for the performance of the guaranteed obligation, the Plaintiff paid the non-party bank KRW 179,989,200 and interest KRW 4,042,557, totaling KRW 184,031,757, which is equivalent to 90% of the principal of the loan.
2. The assertion and judgment
A. The plaintiff's assertion that the defendant in collusion with C in the process of dealing with goods with C so that C would be able to obtain a corporate purchase loan from the non-party bank even though there was no commodity transaction. Since C did not repay a corporate purchase loan to the non-party bank, the plaintiff suffered loss that the non-party bank paid 50,400,000 won by subrogation, which is 90% of the corporate purchase loan, as a credit guarantee.
Since the Plaintiff’s above damages occurred due to the Defendant’s tort, the Defendant is liable to compensate the Plaintiff for damages amounting to KRW 50,400,000, and the damages therefrom from December 12, 2012, after the Plaintiff suffered damages.