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1. Defendant B’s KRW 235,292,783 as well as 6% per annum from September 18, 2012 to August 14, 2017.
Reasons
1. Basic facts
A. On June 12, 2012, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) with the construction safety company (hereinafter “Nonindicted Company”) on the security of the electronic credit sales claim against the Defendant Company A (hereinafter “Defendant Company”). The Plaintiff entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) with the amount of credit limit KRW 500 million per annum, overdue interest rate of KRW 17% per annum, and B2B as of June 12, 2013.
B. In addition, on the same day, the Plaintiff and the non-party company concluded an assignment contract with the Plaintiff to transfer all goods payment claims that the non-party company has against the Defendant company or will have to hold until September 17, 2012, and the non-party company notified the Defendant company of the assignment of claims at that time.
C. Meanwhile, at that time, the Plaintiff entered into a mutual support agreement with the Defendant Company to assist the Defendant Company to smoothly supply goods from the Nonparty Company, a partner company (hereinafter “instant mutual support agreement”). The agreement provides that the Plaintiff shall first lend to the Nonparty Company the amount equivalent to the amount of the goods that the Defendant Company would have to pay to the Nonparty Company within the scope of KRW 4 billion in the future, and the Defendant Company shall accept the transfer of the above goods payment claim to the Plaintiff in order to secure the above obligation without any objection, while paying the amount directly to the Plaintiff on the payment date of the goods payment.
On the same day, Defendant B guaranteed the obligation to be currently or in the future borne by the Defendant Company to the Plaintiff in accordance with the mutual support agreement of this case.
In accordance with the loan transaction agreement of this case and the mutual support agreement of this case, the non-party company receives a considerable amount of money from the plaintiff whenever goods are supplied on credit to the defendant company, and as security, claims for the purchase price of goods against the defendant company are secured.