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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On April 29, 2005, the Plaintiff established with the purpose of guaranteeing the debt of an enterprise which lacks security solvency and facilitating the financing of the enterprise. On April 29, 2005, the Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”) to guarantee 80% of the estimated amount of loans for corporate purchase funds borrowed from the Industrial Bank of Korea (hereinafter “the Bank”).
B. On January 31, 2008, the Defendant, which was issued by the Plaintiff, applied for a corporate purchase financing loan to the Industrial Bank of Korea using a corporate purchase financing scheme, based on the credit guarantee letter (hereinafter “instant guarantee letter”), issued by the Plaintiff, and during that process, A supplied the supply price of KRW 168,025,000 to D in the name of a stock company A (hereinafter “A”), and the written request for the collection of sale proceeds was submitted to the Industrial Bank of Korea.
C. The Industrial Bank of Korea, based on the instant tax invoice, extended loans of KRW 100,000,000 (hereinafter “the instant loans”) to D, and paid KRW 100,000,000 as the payment method for the loans.
D As a credit guarantee accident occurred under the above corporate purchase financing agreement with the Industrial Bank of Korea, the Plaintiff paid 80,000,000 won on February 27, 2009, equivalent to the guarantee limit (80%) out of the principal and interest guaranteed to the Industrial Bank of Korea on February 27, 2009.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, purport of the whole pleadings
2. The assertion;
A. The Plaintiff’s assertion (1) The Defendant is aware that the tax invoice should be issued immediately after the actual transaction and that it is possible to apply for a loan for purchase fund within 30 days after the issuance of the tax invoice.