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1. Defendant A and B jointly share KRW 72,900,000 with respect to the Plaintiff and the Plaintiff’s amounting to November 29, 2013 to April 21, 2017.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence No. 1-1-5, Gap evidence No. 3, Gap evidence No. 4, Gap evidence No. 5, and the purport of Gap evidence No. 6.
On December 16, 201, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit transaction agreement with the Industrial Bank of Korea, setting a loan for corporate purchase, credit limit of KRW 500,00,000, and interest rate of KRW 3.282% with the total limit of KRW 500,00,00, and changed the interest rate of KRW 2.794 on May 9, 2013 (hereinafter “instant agreement”).
B. On November 201, the Plaintiff entered into an agreement between the Defendant Company and the Industrial Bank of Korea providing credit guarantee (hereinafter “the instant credit guarantee”) with respect to 90% of the loan obligations under the instant corporate purchase fund loan agreement, which would be borne by the Defendant Company with respect to the Industrial Bank of Korea.
C. Defendant Company: (a) issued to the Industrial Bank of Korea an electronic commerce contract with the amount of KRW 96,00,00,000 on March 25, 2013; (b) KRW 16,00,000 on July 31, 2013; (c) KRW 18,00,000 on July 31, 2013; and (d) KRW 19,00,000 on July 31, 2013; and (c) purchased goods equivalent to KRW 96,00,00,000 on the aggregate of KRW 16,00,000 on August 16, 2013; and (d) received loans from the Industrial Bank of Korea under the name of KRW 15,00,000,000 on the aggregate of KRW 16,000 on April 25, 200, 1000, 309;
The Industrial Bank of Korea filed a claim with the Plaintiff for the performance of the guaranteed obligation, as the Defendant Company did not repay other corporate purchase loan including the instant loan, and the Plaintiff subrogated for KRW 456,049,939 to the Industrial Bank of Korea on November 29, 2013, and the amount of KRW 86,400,000 (=96,000,000 x 90%) out of which constitutes the amount of the instant loan.