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1. The Plaintiff:
A. Defendant A’s KRW 70,922,366 as well as 5% per annum from September 6, 2011 to February 26, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation established pursuant to the Credit Guarantee Fund Act for the purpose of facilitating corporate financing and contributing to the development of the national economy by guaranteeing the debt of an enterprise which lacks security capability.
Defendant A is a person who has entered into a contract for a loan for purchasing funds with the tiny branch of the Bank (hereinafter “Korea Bank”) under the credit guarantee agreement with the Plaintiff while operating an individual enterprise of the trade name “E”. Defendant B (hereinafter “Defendant B”) is a company that received a loan for corporate purchase from the Bank based on the transaction relationship with Defendant A, Defendant C is the representative of Defendant B (in-house director) and Defendant D is a person who received a loan for corporate purchase from the Bank based on the transaction relationship with Defendant A while operating a mutual business entity of “F.”
(b)a loan for corporate purchase financing is a loan with a content that a financial institution lends funds to a purchasing enterprise if the enterprise purchases goods and services of another enterprise as an ordinary business activity consistent with its business objectives.
If a purchasing company submits a tax invoice, etc. to a financial institution to prove the conclusion of a sales contract with a selling company, the financial institution shall directly pay an amount equivalent to the purchase price to the buying company as a loan to the buying company.
The so-called B2B method among corporate purchase financing loans is the form in which a seller enters into an electronic commerce contract with a buyer under the brokerage of a seller, and a financial institution pays a loan to a seller if a financial institution transmits a written request for the collection of sale proceeds through a MP company to a financial institution in electronic form.
C. Defendant A (E) executing a corporate purchase financing loan shall each be accompanied by an electronic commerce agreement in the name of Defendant B, Defendant D and Nonparty G Co., Ltd. as shown in the following table: