구상금 및 사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The Plaintiff’s credit guarantee and subrogation due to the occurrence of a guarantee accident 1) Co-Defendant A Co-Defendant A Co., Ltd. (the former trade name was “Co-Defendant E”.
hereinafter referred to as “A”
On December 1, 2010, the Plaintiff entered into a credit guarantee agreement with the Plaintiff and the credit guarantee principal of KRW 840,000,000,000, and on the basis thereof, our bank (hereinafter “Korea bank”).
(2) A was granted a loan of KRW 1 billion from the Plaintiff on the same day and the credit guarantee principal of KRW 960,000,000,000,000 from the new bank (hereinafter “new bank”). Accordingly, A was granted a loan of KRW 1.2 billion from the new bank (hereinafter “new bank”).
3) At the time of each credit guarantee agreement, Co-Defendant B of the first instance trial jointly and severally guaranteed the obligation that A owes to the Plaintiff pursuant to the credit guarantee agreement. 4) Article 6(1)4 of the above credit guarantee agreement provides that when the grounds for registration of default information on the principal debtor pursuant to the "Credit Information Management Rules" of the Korea Federation of Banks have occurred with respect to the principal debtor, the principal debtor and the joint guarantor shall bear the obligation to repay the guaranteed amount in advance,
The ratio of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to the present.
5) The guarantee period of each of the above credit guarantee agreements was extended until November 29, 2013. On April 1, 2013, the current account transaction of a new bank account transaction of a bank A on April 1, 2013, and the current account transaction of a bank A on April 3, 2013, the Plaintiff paid KRW 845,189,985, plus interest at KRW 840,000,000,000 of the guaranteed principal out of the guaranteed principal out of the loan obligations, to the new bank on April 18, 2013. < Amended by Presidential Decree No. 24270, Apr. 1, 2013; Presidential Decree No. 24698, Apr. 22, 2013>
The amount of subrogation for our bank remains at KRW 21,492,690 after recovery and KRW 823,697,295 (=845,189,985 - 21,492,690), and such partial recovery.