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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 29, 2009, the Plaintiff entered into a credit guarantee agreement with B (representative C; hereinafter “B”) and B (i) a company bank to guarantee KRW 950 million out of 1 billion expected loans.
B. B entered into an electronic commerce contract with the content that the Defendant purchased electronic parts from D (the trade name later was changed to E; hereinafter “E”) whose representative is the Defendant, and received a corporate purchase financing loan of KRW 886,550,000 from an enterprise bank.
C. B failed to repay the above loans to a corporate bank, and on March 16, 2012, the Plaintiff paid a total of KRW 921,664,536,536, including the principal and interest of loans and penalty, to a corporate bank, on behalf of the corporate bank, according to the credit guarantee contract prior to the prior agreement.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, 2-1 through 6, the purport of the whole pleadings and arguments
2. Judgment on the plaintiff's assertion
A. The primary assertion 1) The defendant lent the name of the representative of Eul to the representative of Eul, and even if there was no actual transaction with Eul, the plaintiff was deceiving the plaintiff with C by issuing a false tax invoice, and the plaintiff made the substitute payment for the corporate purchase loan on behalf of Eul, thereby causing damage equivalent to the amount to the plaintiff. Accordingly, the plaintiff is seeking partial claim for payment of KRW 300 million and damages for delay. (2) The fact that the defendant lent the name of the representative of Eul to the representative of Eul to the representative of Eul is not a dispute between the parties, and considering the overall purport of the arguments as stated in the evidence No. 5 and No. 1, Eul received the corporate purchase fund loan from the bank, and in order to obtain the corporate purchase fund loan, it is necessary for the other transaction company to enter into the Internetcom Site, a chain brokerage company, and to grant approval for the transaction.