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The Plaintiff
A. As to KRW 136,853,685 and KRW 127,820,734 among them, Defendant C shall be from March 28, 2019 to April 4, 2019.
Reasons
1. Facts of recognition;
A. The status of the parties 1) Defendant B is the representative director of the F Co., Ltd. F (hereinafter “Non-Party Company”) whose purpose is to engage in the wa Trading business, and Defendant C is the spouse of the non-party Company B as the actual operator of the non-party company.
2) Defendant D is a business operator of G engaged in the wholesale of home appliances and heating and cooling apparatus (hereinafter “non-party business”), and Defendant E is a father of Defendant D who actually runs the non-party business.
B. On March 12, 2018, the instant installment financing agreement was concluded between the Plaintiff and the non-party company, under which the non-party company entered into an installment financing agreement with the effect that the non-party company would receive a loan from the Plaintiff the installment payment for the cooling and heating 49 units supplied by the non-party company (hereinafter “the instant installment financing agreement”).
On the same day, Defendant B guaranteed the obligation of the above loans to the Plaintiff of the non-party company.
2) The debt owed by the non-party company to the Plaintiff under the instant installment financing agreement is KRW 136,853,685, totaling the principal and interest as of March 26, 2019 ( KRW 127,820,734, and losses for delay).
(c)
Defendant C and E were convicted of each of the following criminal facts by Busan District Court Decision 2019 High Order 3797. On May 20, 2020, Defendant C and Defendant E were sentenced to imprisonment for six months, suspension of execution for two years, and fine of three million won for Defendant E. The above judgment became final and conclusive on May 28, 2020 (hereinafter “instant tort”). Defendant C is the operator of F F in engaging in futures business, and Defendant E is the operator of G in conducting the installation and repair of cooling and heating equipment.
Defendant
C If it is impossible to grant a loan in a normal way due to overdue rent, employee salary, etc., Defendant E received a written estimate from Defendant E to replace a cooling and heating apparatus with a new product, and Defendant E received a loan for the replacement cost of cooling and heating apparatus, and then Defendant E received the existing amount.