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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. On September 29, 2008, the Plaintiff entered into a credit guarantee agreement (guarantee rate of 85%) on the debt of a corporate purchase loan that the non-party company is to receive from a national bank. The non-party company entered into an agreement with the national bank as a collateral for a corporate purchase loan with the national bank.
B. On March 31, 2010, Defendant A Co., Ltd. (hereinafter “Defendant Company”) submitted a sales contract, etc. prepared in an electronic form between the Nonparty Company and the Nonparty Company on March 31, 2010 and requested collection, thereby receiving KRW 64 million from the National Bank through the so-called B2B method, which requested collection.
C. After that, the non-party company was unable to repay the principal and interest of the loan to the National Bank. On November 25, 2010, the Plaintiff subrogated to the National Bank for the total of KRW 54 million (85%) and interest KRW 590,411, total of KRW 54,90,411.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings
2. Determination
A. On March 31, 2010, the main point of the Plaintiff’s assertion, the Defendant Company, a selling company, prepared a sales contract, etc. on the above day as of March 31, 2010, which was not actually traded with the Nonparty Company, and received a corporate purchase financing loan from the Defendant Bank. This means that the Defendant Company and the representative director thereof, as the tort, should compensate the Plaintiff for damages equivalent to the amount of the above subrogated payment.
B. In light of the records of the Director of the Customer (Evidence A) of the Defendant Company submitted by the Plaintiff, even if there is no specification of transactions between the Nonparty Company and the Defendant Company on March 31, 2010, the Defendant Company against the Nonparty Company on the basis of the time of transfer.