1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Defendant is a person who operates a personal business with the trade name of “B”, and Nonparty C is a person who operates a personal business with “D”. 2) The Plaintiff provided a credit guarantee for 90% of the B2B purchase financing loan (hereinafter “corporate purchase financing loan”) received from E bank on April 2011 for “D” in order to operate D.

3) However, the Defendant, in collusion with the Defendant, issued a false tax invoice (i.e., June 1, 201 and July 8, 2011) by pretending to have been engaged in the transaction of goods despite the absence of any actual transaction, and by entering it on the website of the MP company (i.e., the company entrusted with the business of electronic commerce contract). The Defendant acquired KRW 44,000,000 from the E bank total amount of corporate purchase loans from the E bank, and the Plaintiff on behalf of the E bank due to the failure of the C to repay the above loans, thereby making the Plaintiff paid KRW 39,60,000 to the E bank. 4) As above, the act of deceiving the E bank in collusion with the Defendant constitutes a tort. Accordingly, the Plaintiff suffered damages equivalent to KRW 39,600,000 equivalent to the guaranteed ratio out of the above false purchase loans, and thus, the Defendant is liable to compensate the said damages to

B. The evidence presented in this case alone is insufficient to recognize the fact that the Defendant, in collusion with C, deceiving the E bank and acquired the corporate purchase fund loan from the E bank, and there is no other evidence to acknowledge it. Rather, comprehensively taking account of the overall purport of the arguments in each statement in B 1 through 12 (including the serial number), the Defendant received 15 million won of the outstanding amount at the request of C on April 1, 201 in the course of the transaction of goods with C, while performing the transaction with D, (a) the Defendant received 15 million won of the outstanding amount at the request of C on April 1, 201, (b) and C receive the outstanding amount through the corporate purchase fund loan (the Defendant trusted the outstanding amount in the above method as above).