1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. C (hereinafter “C”) whose representative director is Defendant A, entered into a credit guarantee agreement with a corporate bank (hereinafter “corporate bank”), whereby C submits a tax invoice for issuance of a sales company, which can prove the transaction of goods after being supplied with the goods, the corporate bank loans equivalent to the relevant transaction amount within the limit agreed in advance, and at the same time shall pay it directly to the sales company. On July 25, 2002, C and C entered into a credit guarantee agreement with the business bank with the business company with the guarantee payment amount of KRW 340,00,00 (40,000,000,000,000) and the guarantee period as of July 24, 2003.

(hereinafter “instant credit guarantee agreement”). (b)

C A loan was granted to D on August 2, 2004 by having each of the tax invoices of KRW 100 million issued on August 2, 2004 by Defendant B, the representative director of which, and the tax invoices of KRW 190 million issued on August 2, 2004 by submitting them to a corporate bank (= KRW 190 million).

C. Since then, as C failed to repay part of the above loans to a corporate bank, the Plaintiff on December 29, 2004, paid the principal and interest of the bonds to the corporate bank in subrogation of KRW 344,101,610 pursuant to the Credit Guarantee Agreement.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 3 to 7, the purport of the whole pleadings

2. The Defendants asserted that they conspired and submitted a false tax invoice even if there was no actual goods transaction among them, by deceiving a corporate bank, thereby deceiving the corporate bank to obtain a total amount of 40 million won from the corporate bank. In this regard, the Plaintiff suffered damages on behalf of the corporate bank to pay KRW 344,101,610 on behalf of the corporate bank, and the Defendants as joint tortfeasor.