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1. The Defendants jointly share KRW 31,500,000 with respect to the Plaintiff and 5% per annum from July 28, 2011 to May 23, 2016.
Reasons
1. Facts of recognition;
A. Defendant A is the representative of the Defendant Company as a registration director of Defendant B Co., Ltd. (hereinafter “Defendant Company”).
B. The Plaintiff entered into a credit guarantee agreement between the Defendant Company and the Defendant Company necessary for the Defendant Company’s purchase financing loan.
C. Defendant C is a person operating a personal business with the trade name of “D”.
Around May 16, 201, Defendant A and D, the representative of Defendant A representing the Defendant Company, entered into an electronic commerce contract with Defendant Company to purchase goods equivalent to KRW 35 million from “D” and received loans from an enterprise bank in the amount of KRW 35 million on the same day (hereinafter “instant purchase fund”).
(However, the purchase price of this case was paid directly to D). E.
On July 19, 201, after the loan of the purchase fund of this case was made, the Plaintiff’s credit guarantee for the Defendant Company was processed in bad faith. Accordingly, on July 28, 201, pursuant to the credit guarantee agreement concluded with the Defendant Company, the Plaintiff paid KRW 31.5 million (hereinafter “instant subrogated payment”) to a corporate bank, which was KRW 90% of the purchase fund of this case, to the corporate bank on July 28, 2011.
(F) The loan of corporate purchase fund, such as the loan of this case, is made in accordance with the "Rules on the Treatment of Enterprise Purchase Fund Loans by Financial Institutions" prepared in accordance with the relevant Acts and subordinate statutes, such as the Restriction of Special Taxation Act and the Corporate Tax Act and subordinate statutes. The basic structure of the loan is to make a purchase company take out a loan from a financial institution to pay it in cash to the sales company directly in order to induce cash settlement in connection with the settlement of price of goods between the companies.
Therefore, the corporate purchase financing loan is a financial institution (the Bank in this case) and a purchasing enterprise.