구상금 등
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Basic Facts
On December 24, 2008, the Plaintiff and the Co-Defendant A of the first instance trial entered into a credit guarantee agreement and joint and several guarantee agreement (hereinafter “the instant credit guarantee agreement”) on December 14, 2009 (which was extended by December 9, 2016), each of the guaranteed principal amount of KRW 672 million, and KRW 368 million, respectively, and the first and second credit guarantee agreement (hereinafter “the instant credit guarantee agreement”).
The co-defendant B of the first instance court, the husband of the above A, entered into an agreement under which the Plaintiff and the co-defendant B jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff on the same day (hereinafter “instant joint and several guarantee agreement”).
On December 26, 2008, Co-Defendant A of the first instance trial on a loan for corporate purchase fund, the Co-Defendant A is a system that, based on the credit guarantee agreement of the above No. 1 on December 26, 2008, KRW 840 million,000,000 based on the credit guarantee agreement of the above No. 2 credit guarantee agreement of Dec. 30, 2008, a corporate purchase fund of KRW 460,000,000 is a nominal loan for corporate purchase fund. In relation to commercial transactions between companies, a purchasing company receives a loan from a bank instead of paying the price for the goods with a bill.
In other words, a loan was made to settle the amount of oil supplied by the L station operated by the above A from the Hyundai Lao Bank Co., Ltd. (hereinafter referred to as the “Moo Bank”).
(hereinafter “instant loan”). On February 18, 2016, in relation to the occurrence and scope of the instant loan, a credit guarantee accident occurred due to the failure to repay the principal to Han Bank by a co-defendant A on February 18, 2016. Accordingly, on March 22, 2016, the Plaintiff subrogated to Han Bank a total of KRW 984,885,819 (= KRW 652,904, 174, KRW 331,981,645) in accordance with the instant credit guarantee agreement.
Since then, the Plaintiff recovered KRW 17,119,340, and the amount of KRW 4,690 was generated.
Co-Defendant B of the first instance trial, which entered into a sales contract with Co-Defendant B of the Defendant, had been operating a D Co-Defendant B of the instant real estate.