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Reasons
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(영문) 서울서부지방법원 2016.03.30 2014가합39008 (1)
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 29, 2011, the Plaintiff entered into a credit guarantee agreement with C (hereinafter “C”) with the Industrial Bank of Korea, whereby C (a) obtained a loan for corporate purchase from the Industrial Bank of Korea, with a credit guarantee agreement of KRW 720,000,000 (a loan amount of KRW 800,000,000; a guarantee rate of KRW 90,000) and as of June 21, 2011, and C entered into an agreement with the Industrial Bank of Korea for corporate purchase loans of KRW 80,00,000.

(b) The loans for corporate purchase, if a tax invoice prepared between a lender and a customer is submitted to a lending institution, shall be made in a manner that the transaction price is paid to the seller within the limit of the agreed loan amount, and C shall be each tax invoice issued by the Defendant, etc. (A(D operator’s KRW 460,000,000 on May 2, 201).

54,00,000 won in total and 654,000,000 won in September 19, 200

5. 2. Based on the Defendant’s 146,00,000 won (3) and the Defendant’s 800,000,000,000 won on December 30, 200), each amount entered in the Industrial Bank of Korea’s tax invoice was paid to the Defendant, etc. for loans. (c) Since C was unable to repay part of the above loans, the Plaintiff paid the principal and interest on the guarantee to the Industrial Bank of Korea under a credit guarantee agreement on July 31, 2012. (d) The Plaintiff filed the instant lawsuit against A, B, and the Defendant on November 18, 2015, and was sentenced to a partial judgment that dismissed all the Plaintiff’s claims against A and B on November 18, 2015 (based on recognition). The purport of the entire pleadings is as follows.

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion was obtained by deceiving the Industrial Bank of Korea by issuing a false tax invoice in collusion with C even if the Defendant did not have any actual goods transaction among them, and submitting it to the Industrial Bank of Korea.

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