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1. Defendant C: (a) KRW 104,300,000 to Plaintiff A; (b) KRW 62,90,000 to Plaintiff B; and (c) each of them on August 26, 2015.
Reasons
1. Facts of recognition;
A. From July 2, 2007, Plaintiff A operated the used car transaction business in the name of F (hereinafter “F”), and Defendant C operated from February 24, 2012 to F as a used car salesman.
On February 24, 2012, Defendant D entered into a financial guarantee agreement with Defendant C, which is the financial guarantee of Defendant C, as follows.
The above person(C) guarantees a 5-year arrangement as an observer with an agreement to guarantee the liability for any other accident, as well as for any negligence or intentional injury inflicted on the commercial and other persons while in office in F, as a person whose ideas are sound, good conduct is good, and who is a person with strong sense of responsibility and who is in trust with him, etc., and who is in trust with him.
B. On September 1, 2014, Plaintiff A decided to convert F into a legal entity and established Defendant B Co., Ltd. (hereinafter “Defendant Company”). On November 17, 2014, Defendant E entered into a financial guarantee agreement with Defendant C as a financial guarantee of Defendant C on the small part of Defendant C, and the content was the same as that of Defendant D’s financial guarantee agreement.
(hereinafter referred to as “each of the instant financial guarantee agreements” by aggregating the above financial guarantee agreements of Defendant D and E.
Defendant C, at the time of the F and the Defendant Company’s work as a used car salesman, was engaged in business activities by borrowing money from the Plaintiffs first, and purchasing used cars with interest of 18% per annum from the sale proceeds.
With respect to the borrowed money borrowed under the name of the purchase price for used cars, Defendant C prepared a confirmation letter stating that the borrowed money not paid until March 17, 2014 is KRW 19,300,000,000 (hereinafter referred to as “the first confirmation letter”) from the end of March, 2014 to the end of each month, and subsequently, on June 16, 2014, the borrowed money is KRW 11,130,000,000.