A. On July 17, 2013, Defendant B entered into a contract for installment financing and erroneous discussions with D Co., Ltd. (mutual E Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) to obtain loans of KRW 106,500,000 from the purchase price of vehicles and to repay principal and interest in equal installments (interest rate of 10.5% per annum, and 24% per annum per annum of overdue interest rate) for a period of 60 months.

(hereinafter “instant loan agreement”). Defendant C guaranteed the above loan obligation of Defendant B, and the highest amount of the guaranteed obligation is KRW 138,450,000.

B. Under the above loan contract, KRW 106,50,000 for the purchase price of a vehicle was the sum of KRW 69,150,000 for the vehicle main body price, KRW 10,000 for the crush price, KRW 27,350,00 for the freezing tower price, and the non-party company managed the claims under the loan contract of this case by dividing it by the above composition amount.

C. Defendant B lost the benefit of time due to Defendant B’s failure to perform the obligation under the instant loan agreement in the middle.

On August 24, 2018, the Plaintiff acquired a claim for the aforementioned Fitius part (hereinafter “Fitius part claim”) and the freezing part claim (hereinafter “Fitius part claim”) from a non-party company, and was delegated with the authority to notify the transfer, and notified the Defendants of the fact of transferring the claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 7, each fact inquiry result against non-party company of this court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was received from the Nonparty Company the claim for Furitius and freezing, and the Defendants are jointly and severally liable to pay to the Plaintiff the principal amount of Furitius bonds and KRW 7,675,033, and KRW 23,929,19, in total, KRW 31,604,232, and delay damages.

B. The Defendants’ assertion to Nonparty Company: (a) deposited KRW 5,197,589 from the date of the instant loan agreement to December 16, 2013; and (b) deposited KRW 90,488,70 in total after November 19, 2013.