구상금 및 사해행위 취소의 소
1. As to KRW 77,104,623 and KRW 76,674,616 among the Plaintiff, Defendant A’s year from July 26, 2017 to October 25, 2017.
1. Basic facts
A. On June 19, 2009, the Plaintiff entered into a credit guarantee agreement with Defendant A on June 17, 201 with a view to guaranteeing the repayment of the principal and interest of loans to Defendant Nonghyup Bank Co., Ltd., and entered into a credit guarantee agreement with each of the credit guarantee agreements covering KRW 50,00,000 in the credit guarantee principal and the credit guarantee period (which was changed to June 9, 2017), June 9, 201, as well as the credit guarantee agreement covering KRW 44,10,000 in the credit guarantee principal and the credit guarantee period as of June 8, 2017.
(hereinafter “each credit guarantee agreement of this case.” When entering into each credit guarantee agreement of this case, Defendant A agreed to pay to the Plaintiff the amount of a loan granted by the Nong Bank Co., Ltd. under the Plaintiff’s credit guarantee, or damages for delay in accordance with the rate determined by the Plaintiff from the date of subrogated payment paid by the Plaintiff to the date of repayment of the amount of the Plaintiff’s subrogation and the amount of its subrogation payment, ② legal procedure expenses disbursed by the Plaintiff to enforce or preserve the right, ③ penalty for delay in accordance with the rate determined by the Plaintiff.
B. Defendant A received each credit guarantee form issued by the Plaintiff under each of the credit guarantee agreements in the instant case from the Nonghyup Bank as collateral, each of which was KRW 50,000,000 on June 17, 201, and KRW 49,000,000 around June 9, 2014.
C. A guarantee accident closed around June 7, 2017, which was operated by Defendant A, the Plaintiff subrogated KRW 76,674,616 to the Nonghyup Bank Co., Ltd. on July 26, 2017.
The plaintiff spent KRW 256,343 as the legal procedure cost for preserving the execution of the claim for indemnity, and thereafter collected KRW 18,576, and the balance is KRW 237,767.
In addition, 192,240 won was generated as penalty.
On the other hand, the rate of damages for delay determined by the Plaintiff as to the amount of subrogated payment for guaranteed obligation is 10% per annum from the date of payment
E. Defendant A is the only property between Defendant B, who is a her mother on April 4, 2017.