구상금 및 사해행위취소
1. Defendants A and B shall jointly and severally serve as the Plaintiff KRW 81,214,742 and as to KRW 81,212,614, among them, from October 31, 2014 to October 2014.
1. Facts of recognition;
A. The Plaintiff’s claim 1 against Defendant A and B) The Plaintiff is between Defendant A and Defendant A on June 3, 2010, and Defendant A’s branch in the Janbuk Bank Co., Ltd. (hereinafter “former North Korea Bank”).
(2) As to the obligation to be loaned from a credit guarantee agreement, each of the credit guarantee agreements (hereinafter referred to as the “each of the credit guarantee agreements of this case”) shall be
In accordance with each of the credit guarantee agreements in this case, Defendant A and B jointly and severally guaranteed all the obligations owed by Defendant A to the Plaintiff. According to each of the credit guarantee agreements in this case, Defendant A and B must pay damages according to the rate determined by the Plaintiff from the date of performance of the guarantee to the date of repayment, expenses incurred in the performance of the guarantee obligation, expenses incurred in the preservation, transfer and exercise of rights acquired through the performance of the guarantee obligation, cosmetic, guarantee fees, penalty for breach of contract, etc., on June 3, 2010, the joint and several surety of the loan bank (final) on the date of the guarantee agreement (final). < Amended by Presidential Decree No. 10000, May 29, 2015; Presidential Decree No. 224, Feb. 24, 2000; Presidential Decree No. 22000, 200, May 29, 2015.
The rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to the date.
3) Defendant A received each loan from the former bank under a credit guarantee certificate issued by the Plaintiff under each credit guarantee contract of this case, but did not pay the principal of the loan for more than one month, and the credit guarantee accident occurred on July 4, 2014. (4) The Plaintiff subrogated 24,549,172 won (i.e., principal amount of KRW 24,00,000 under a credit guarantee contract of 57,065,888 won (= interest of KRW 1,054,888) pursuant to a credit guarantee contract of 1/31, 2014 and 24,549,172 won (= principal amount of KRW 24,00,000) by subrogation of KRW 81,604,060 under a credit guarantee contract of 2/172).
5) The Plaintiff recovered KRW 391,446 out of the amount of subrogated payment under the credit guarantee contract No. 1 on the date of the above subrogation, and thereby, the amount of damages determined (=128 won).