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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. The Plaintiff is a juristic person established under the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing a company’s debt, which lacks security capability, etc. (2) On April 7, 2006, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”), a representative director of which the Defendant A works, with respect to the corporate purchase amounting to KRW 49,50,000, which is scheduled to receive a loan from Korea Exchange Bank (hereinafter “Korea Exchange Bank”), with respect to the repayment obligation of KRW 49,50,000 as guaranteed principal (hereinafter “the credit guarantee agreement in this case”), and issued a credit guarantee agreement (hereinafter “Guarantee Number D”), which is a secured creditor, with the content of credit guarantee (hereinafter “credit guarantee agreement”).
3) C submitted the said credit guarantee certificate as a collateral and entered into an agreement with a foreign exchange bank for financing business purchases. B. A business financing loan for financing business purchases is a loan that a financial institution deals with a business entity that purchases goods and services on ordinary business activities consistent with its business objectives in connection with a transaction between the business entity that received a business registration certificate and that a financial institution and the purchaser submit a tax invoice, etc. within the extent agreed upon between the financial institution and the purchaser, which can prove the facts of the transaction with the purchaser, the amount equivalent to the transaction amount is paid by the purchaser as a loan to the purchasing business entity.
2. In the case of a financing loan for corporate purchase, a financial institution provides a loan to a purchasing company that is a debtor. ① The debtor issues a tax invoice from a selling company that is a customer and presents a bill of exchange in which the selling company pays to the financial institution.