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1. The following amount among the parts against Defendant A, B, C, and E in the judgment of the court of first instance.
Reasons
Basic Facts
The plaintiff is a corporation established under the Credit Guarantee Act for the purpose of guaranteeing the debt of an enterprise which lacks security capability and facilitating its financing.
Defendant A, as the representative director of F Co., Ltd. (hereinafter referred to as “F”), engaged in the sales of mobile phone terminals and opening business, was practically engaged in not only the above company but also the Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) and Defendant D Co., Ltd. (hereinafter “Defendant D”).
Defendant E was registered as the director of Defendant B and the representative director of Defendant D with the mother of Defendant A, and Defendant C was registered as the representative director of Defendant B.
The Electronic Commerce Guarantee System (B2B) provided by the Plaintiff is a system in which an E-Commerce company submits a purchase agreement and tax invoice with a goods seller to an E-Commerce company (MP) and confirms that a transaction has occurred. The E-Commerce company will send the above transaction information to the bank via the Korea Credit Guarantee Fund, and thereafter the relevant bank transfers the loan to a goods seller's account to the extent guaranteed by the Korea Credit Guarantee Fund.
around September 2010, F entered into a credit guarantee agreement with the Plaintiff by setting the loan bank as the Industrial Bank of Korea, setting the type of guarantee as the electronic commerce guarantee, and Defendant A, the representative director, jointly and severally guaranteed the obligations of F to the Plaintiff.
F concluded a loan agreement with the Industrial Bank of Korea on the grounds of the Plaintiff’s credit guarantee, and thereafter, F concluded the loan agreement with the Defendant B on September 30, 2014 (i) (23,87,380 won 7,214,90 won, 214,90 won, 2 cases), 33,151,800 won on October 33, 2014, 19, 10,943,570 won, and 26,452,470 won on February 17, 2015, and 18,48,90 won on April 30, 2015, 208,000 won on October 33, 2014; and (iii) Defendant B received KRW 10,943,570 on November 19, 2014; and