beta
Text
1. The Defendants jointly share KRW 182,80,651 to the Plaintiff, and the period from May 31, 2012 to May 15, 2019.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is D Co., Ltd. (hereinafter “D”) on April 28, 2011.
B) Between D and D, in obtaining a loan from E bank for corporate purchase funds, the credit guarantee principal amounting to KRW 296 million and the credit guarantee period was extended from April 29, 201 to April 27, 2012 (this later was extended from April 26, 2013).
(i) a credit guarantee contract (hereinafter referred to as the “credit guarantee contract of this case”) set forth.
D) The Company’s interest and F Co., Ltd. (hereinafter “F”) were concluded.
Defendant A and F, the representative director of the instant credit guarantee agreement, jointly and severally guaranteed the debt of D under the said credit guarantee agreement. D was granted a loan of KRW 370 million from E Bank under the instant credit guarantee agreement. (2) However, according to the credit guarantee agreement issued by the Plaintiff pursuant to the instant credit guarantee agreement, the Plaintiff is not liable for the guarantee under the said credit guarantee agreement if the sales company is F or Co., Ltd. (hereinafter “G”).
B. 1) If a seller sells goods to a lending obligor, and then claims payment of sales proceeds to a lending institution through an electronic commerce brokerage site, accompanied by a tax invoice, etc., and a seller confirms the transaction details through a brokerage site, the lending institution formally examines the transaction and then makes a loan by the lending institution in the manner of paying a price to a direct seller within the lending limit limit. 2) D purchased 27,170,000 won in total from the Defendant Company B (hereinafter “Defendant Company”) that was the representative director of the Defendant C through the brokerage site from April 23, 2012 to April 26, 2012, as shown in the following table (hereinafter “instant table”), and purchased 4 times from the Defendant Company B (hereinafter “Defendant Company”), which was the representative director of the Defendant Company, via the brokerage site, accompanied by a tax invoice, and confirmed the sales fact.
Accordingly, the E Bank shall be the defendant.