구상금 및 사해행위 취소의 소
1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 273,909,684 and KRW 271,389,356 among them. < Amended by Act No. 11849, Jun. 6, 2013>
1. Basic facts
A. Credit guarantee agreement and loan 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant”) on September 24, 2009.
B) As between the Defendant and the Credit Guarantee Agreement, the credit guarantee principal was concluded between September 24, 2009 and September 24, 2010. The Defendant Company is a “Korea Bank” (hereinafter “Korea Bank”) as security for the credit guarantee certificate issued by the Plaintiff.
(2) A loan of KRW 300 million was received from the Plaintiff. After that, according to the credit guarantee agreement of this case, the said credit guarantee agreement was modified into the period of November 27, 2013 as the guaranteed principal, and the period of guarantee. (2) According to the credit guarantee agreement of this case, the Plaintiff pays by subrogation when the Defendant Company fails to repay its loan obligations, and the Defendant Company shall pay to the Plaintiff the amount of the subrogated payment and the amount of damages for delay calculated at the rate determined by the Plaintiff (12% per annum) from the date of the subrogation to the date of the full payment.
Defendant B and his spouse, the representative director of the Defendant Company, were jointly and severally guaranteed all obligations to be borne by the Defendant Company to the Plaintiff in accordance with the instant credit guarantee agreement.
B. On March 26, 2013, the Defendant Company forfeited the benefit of time due to delay in loans. On June 4, 2013, the Plaintiff subrogated for KRW 273,862,96 to the Bank of Korea on June 4, 2013, recovered KRW 2,473,640, and the fixed damages for delay in the collection amount are KRW 813.2) The Plaintiff spent KRW 2,519,515 as the expenses for the preservation of claims.
C. 1) Defendant C is deemed to be the real estate listed in the separate sheet on September 24, 2012 (hereinafter “instant commercial building”).
2) The sales of 1/2 shares in the above commercial building owned by Defendant D (hereinafter “instant sales contract”) to Defendant D who owned the same (hereinafter “instant sales contract”).
(2) On September 25, 2012, the Seoul East Eastern District Court completed the registration of ownership transfer as the receipt No. 61438 on September 25, 2012. (2) At the time of the instant sales contract, the instant commercial building is located.