beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 15, 2008, the Plaintiff entered into a credit guarantee agreement with Korea Information Technology Co., Ltd. (hereinafter “Nonindicted Company”) with the credit guarantee principal of KRW 160 million (80%) and the credit guarantee period from December 15, 2008 to December 14, 2009, and accordingly issued a credit guarantee certificate to the Nonparty Company. The Nonparty Company entered into a credit transaction agreement with the Korean National Bank Co., Ltd. (hereinafter “National Bank”) and the limit of KRW 200 million for corporate purchase financing.
B. Meanwhile, the Defendant A Co., Ltd. (hereinafter “Defendant Company”) and the Nonparty Company: (a) drafted and issued an electronic commerce contract dated January 17, 2011 and a tax invoice dated January 20, 201 with the same content that the Defendant Company supplied the Nonparty Company with the amount of KRW 30 million; (b) the Defendant Company requested a national bank to collect sales proceeds using the said tax invoice on January 20, 201; and (c) paid the said amount with the loans for corporate purchase on the same day.
C. Since then, a guarantee accident occurred because the non-party company did not pay a loan to a national bank. Accordingly, the Plaintiff subrogated on January 31, 2012 pursuant to the credit guarantee agreement as seen earlier.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence Nos. 7 and 8, the purport of the whole pleadings
2. Determination
A. The summary of the Plaintiff’s assertion is a system that is designed to enable a purchaser to pay for all transactions in cash with a loan from a financial institution in order to reduce the use of bills in connection with the settlement of prices for goods arising from commercial transactions between companies and expand the settlement of accounts. It is not for the settlement of prices for goods arising from all transactions, but for collection requested within 30 days (31 days at present) from the date of issuance of tax invoices issued in addition to normal transactions.