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1. The Defendants jointly share KRW 65,655,00 with respect to the Plaintiff and KRW 5% per annum from April 18, 2012 to March 2, 2016.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement on September 23, 2009 with the credit guarantee principal amount of KRW 300,000,000, and the credit guarantee period from September 23, 2009 to September 20, 2010, and issued a credit guarantee certificate with the same contents as the credit guarantee period from September 23, 2009 to September 20, and the Nonparty Company received the said corporate purchase loan from an enterprise bank as collateral, and provided credit guarantee for the obligation to repay the principal and interest of the loan.
(hereinafter “instant credit guarantee agreement”). The instant credit guarantee agreement changes several times thereafter, and finally, the amount of security deposit amount to KRW 243,00,000, and the guarantee rate to KRW 90% on September 20, 2012.
B. Defendant A Co., Ltd. (hereinafter “Defendant Company”) asserts that it supplied goods to Nonparty Co., Ltd., a purchasing company, and issued a tax invoice of KRW 72,950,000 as of June 29, 201, and under the Plaintiff’s guarantee, the sales company that received the payment of the above goods on the same day as the loan for corporate purchase funds received by Nonparty Co., Ltd., and Defendant B is the representative director of the Defendant Company.
C. On June 29, 2011, Defendant Company deposited KRW 72,950,000 in the name of the non-party company from the non-party company in the name of the non-party company, and transferred it again to the non-party company as it is.
In addition, the defendant company did not declare the tax invoice of June 29, 201, and only the tax invoice of KRW 72,952,00 as of July 6, 201.
On the other hand, the representative director D of the non-party company is in the marital relationship with the auditor E of the defendant company.
On February 20, 2012, the non-party company suffered a credit guarantee accident with the principal in arrears, and the corporate bank requested the Plaintiff to discharge the guaranteed obligation, and on April 18, 2012, the Plaintiff subrogated for the part of the Plaintiff’s guarantee from among the corporate purchase fund loans of the non-party company.
[Ground of recognition] A.