beta
Text
1. The Defendants jointly share KRW 75,342,973 with respect to the Plaintiff, and 5% per annum from February 11, 2009 to July 2, 2017.
Reasons
1. Basic facts
A. Defendant A was the representative director of Defendant C Co., Ltd. (hereinafter “C”), and Defendant B is a business operator who sells clothes, shoess, etc. with the trade name “D” from Suwon-si, Suwon-si.
B. On April 4, 2002, the Plaintiff entered into a credit guarantee agreement with C to set the credit guarantee principal amounting to KRW 297.5 million, and the credit guarantee period from April 4, 2002 to April 3, 2003, and Defendant A jointly and severally guaranteed all the obligations of C to the Plaintiff.
(A) the due date has been changed every year. (c)
On April 4, 2002, the Plaintiff issued to C a letter of credit guarantee under which the term of guarantee was set forth in C on April 3, 2003, as follows: (a) collateral guarantee method; (b) collateral loan for purchasing loans; (c) loan amounting to KRW 350 million; and (d) credit guarantee rate was changed to KRW 85% (or KRW 80%); and (b) C obtained a loan of KRW 350 million from the Industrial Bank of Korea using the said letter of credit guarantee.
C On November 24, 2008, the Plaintiff caused a credit guarantee accident of overdue principal of the loan, and on February 10, 2009, the Plaintiff subrogated the loan amount of KRW 239,393,195 to the Industrial Bank of Korea in accordance with the credit guarantee agreement, and subsequently filed a lawsuit against C, Defendant A, etc. in accordance with the Seoul Central District Court Decision 2009Da77578, Jun. 24, 2009 to order payment of the indemnity amount and delayed payment damages.
E. Meanwhile, on March 13, 2008, C prepared and submitted to the Industrial Bank of Korea an application for loans for financing business purchases to the effect that “D purchases an amount equivalent to KRW 47,500,000 for sports Category 47,50,000,” and Defendant B submitted a written request for collection of sales proceeds to the Industrial Bank of Korea on February 28, 2008, stating the supplier as “D, Defendant B, the recipient,” and the goods as “C”.
Defendant B was paid KRW 47,500,000 to his corporate bank account.
F. C purchased goods worth KRW 41,900,000 from D on April 15, 2008 to the Industrial Bank of Korea on April 30, 2008.
“.......”