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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. The Plaintiff is a special corporation for the purpose of guaranteeing the liability owed by an enterprise which lacks security capability under the Credit Guarantee Fund Act, and the Defendant A is the representative director of D (hereinafter “D”) who entered into a credit guarantee agreement with the non-party corporate bank under the credit guarantee agreement with the Plaintiff, and the Defendant B (hereinafter “Defendant Company”) is a company in a transaction with D, and the Defendant C is a person who was the representative director of the Defendant Company.
B. The structure of financing for corporate purchase is (1) a loan that a financial institution handles goods and services to a business entity that purchases goods and services due to its 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 a purchasing business entity submits a tax invoice, etc. to prove the transactions with a selling entity within the agreed limit between the financial institution and the purchasing business entity, which directly receives an amount equivalent to the transaction amount from the purchasing business entity.
(2) Of the financing for corporate purchase, electronic commerce (B2B) between the purchasing company and the selling company is conducted in the form of lending by a financial institution to the selling company when the purchasing company and the selling company enter into an electronic commerce brokerage contract with the e-commerce broker and transmit the written request for the collection of sales proceeds through the computer, etc. to the financial institution through the MP company.
C. On March 15, 2010, the Plaintiff entered into a credit guarantee agreement with D with the amount of security deposit of KRW 47,50,000,000,000 (95% guarantee rate of KRW 50,000,000), and issued a credit guarantee agreement with D with the principal and interest of the purchase fund loan to be loaned by D from the corporate bank. D submits the said credit guarantee agreement.