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1. Defendant B’s portion of KRW 74,974,594 to the Plaintiff and its percentage of KRW 15% per annum from June 21, 2017 to the full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a corporation engaged in automobile trading business in the building E E in Suwon-si, Suwon-si.
B. Around November 2016, Defendant B: (a) provided the Plaintiff Company with funds, such as the purchase price, repair cost, etc. necessary for the purchase of the secondhand car; (b) purchased the secondhand car in the name of the Plaintiff Company with the said funds; and (c) subsequently sold it in the name of the Plaintiff Company, and subsequently, agreed to pay the Plaintiff Company with the aforementioned funds, such as the purchase price, repair cost, etc., provided by the Plaintiff Company (hereinafter “instant constr agreement”), and worked for the Plaintiff Company.
However, Defendant B lent the name of Defendant C because it is not good credit, and Defendant C was issued with a sea-durr certificate in the name of Defendant C as if Defendant C worked for the Plaintiff Company, and used the used car sales business.
On the other hand, Defendant D prepared and delivered to the Plaintiff Company a written financial guarantee to the effect that Defendant C would be liable for damages if Defendant C caused damage to the Plaintiff Company due to Defendant C’s appearance.
C. After the instant seaing agreement, Defendant B, upon receiving the purchase price, etc. from the Plaintiff Company, purchased, in the name of the Plaintiff Company, 1 to 10 used vehicles indicated in the attached Form Nos. 1 to 10 as indicated in the “Details of Purchase of and Loss from Vehicles” (hereinafter “instant used vehicles”), but did not repair and sell them properly, and did not leave the instant used vehicles on or around January 2017, and opened contact with the Plaintiff Company, and on April 5, 2017, Defendant B, including the instant used vehicles, promised to pay 137,481,00 won borrowed from the Plaintiff Company’s name as the purchase fund of the instant used vehicles to the Plaintiff Company by April 30, 2017.
[Ground of recognition] Evidence Nos. 1, 3 through 22