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1. The Defendants jointly share KRW 119,00,000 with respect to the Plaintiff and the period from November 17, 2009 to March 30, 2016.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a corporation established under the Credit Guarantee Act, and the Plaintiff is a corporation established on December 18, 2007, UWAS Co., Ltd. (hereinafter “NWA”).
B2B loans for corporate purchase (hereinafter referred to as “corporate purchase financing loans”) to be borne by UWA to the National Bank.
(1) Of the obligation to repay a loan due to a loan, the Plaintiff provided a credit guarantee for 85%, and issued a credit guarantee certificate (Guarantee Number C) to the National Bank (the guarantee creditor) (A). After that, the Plaintiff paid a loan to the National Bank because U&A did not pay the loan. (2) Defendant A Co., Ltd (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd”) supplied the goods to U&A, the purchasing company, and received the payment of the said goods from the National Bank with the corporate purchase fund borrowed by U&A from the National Bank under the Plaintiff’s credit guarantee. The Defendant B is the representative director of the Defendant Company.
B. A business financing loan for corporate purchase is established in order to reduce the use of bills in connection with the settlement of prices for goods arising from commercial transactions between enterprises and increase cash. (2) According to the Bank of Korea-established rules for the loan for corporate purchase financing for financial institutions, a loan for corporate purchase financing means a loan that a financial institution handles with a purchasing enterprise for its ordinary business activities consistent with its business objectives in relation to a transaction between enterprises with a business registration certificate as prescribed by the above detailed rules (Article 2), and a written request for collection of bills of exchange or sales proceeds means a request for collection or transmission by a selling enterprise for collection within 30 days (31 days at the present 31 days) from the date of issuance of a tax invoice, etc.
(Article 6(3). In other words, a loan for corporate purchase shall be made.