구상금 및 사해행위취소 청구의 소
1. As to KRW 11,586,270 and KRW 11,435,023 among the Plaintiff, Defendant A’s year from March 28, 2014 to June 5, 2014.
1. Facts of recognition;
A. In accordance with Defendant A’s credit guarantee request, the Plaintiff concluded a credit guarantee agreement with the content that the principal and interest of a loan from an enterprise bank shall be KRW 60,000,000, and the credit guarantee period shall be from July 29, 2009 to July 28, 2014.
B. On January 30, 2014, Defendant A caused a credit guarantee accident due to the principal delay, and the Plaintiff subrogated the total of KRW 11,250,000 and interest KRW 185,023 on March 28, 2014, depending on the need of an enterprise bank.
C. The Plaintiff’s interest rate for delay of the claim for indemnity to be applied to the instant credit guarantee agreement is 15% per annum from June 1, 2005 to November 30, 2012, and the next day is 12% per annum.
On the other hand, on December 14, 2007, B, the ownership holder of each real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case"), entered into a mortgage agreement with C on December 14, 2007 with the maximum debt amount of KRW 130,00,000,00, and registered the establishment of a mortgage registration (hereinafter referred to as the "registration of the establishment of a mortgage of this case") with the Goyang-gu District Court No. 112271, Dec. 17, 2007.
E. C transferred 50,000,000 won of final claim No. 50,000 to Defendant A on June 13, 2011, and completed the additional registration procedure for partial transfer of the right to collateral security under the receipt of No. 42172 on June 14, 2011.
F. On January 28, 2014, Defendant A re-transfered the claim amounting to KRW 50,000,000, which was transferred by C from the debt excess status, to Defendant C (hereinafter “the instant finalized claim transfer contract”). As to the supplementary registration of partial transfer of the said right to collateral security, Defendant A completed the additional registration procedure for the transfer of the right to collateral security on January 28, 2014, as the registration office for Dayang-gu District Court was No. 6435 on January 28, 2014, and the supplementary registration procedure for the transfer of the right to collateral security was completed due to the transfer of the finalized claim.
[Reasons for Recognition] Defendant A: Defendant Sam Chang-sil in the judgment of confession.