구상금 및 사해행위취소등 청구의 소
1. Defendant A’s KRW 218,861,580 among the Plaintiff and KRW 128,027,964 among the Plaintiff and KRW 90,83,327 from July 31, 2012.
1. Determination as to the Plaintiff’s claim against Defendant A
A. Following the fact of recognition is without dispute between the Plaintiff and the Defendant A.
(1) The Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) with Defendant A, with the credit guarantee principal on April 15, 2008, with the credit guarantee principal of KRW 127,50,00,00 and the credit guarantee period from April 15, 2008 to April 12, 2013 (hereinafter “credit guarantee agreement”); ② the credit guarantee principal of the credit guarantee principal on May 8, 2009, KRW 95,00,000, and the credit guarantee period from May 8, 2009 to May 7, 2010 (hereinafter “credit guarantee agreement”) under which the Plaintiff paid the Plaintiff the principal and interest of the loan to Defendant A by subrogation; and the Plaintiff did not pay the Plaintiff the amount of the loan to the Plaintiff at the rate of subrogation and late payment damages from the date of the repayment to the date of the repayment; and the Plaintiff’s reimbursement interest rate and late payment damages from the date of the subrogated payment to May 15, 2013.
(2) On the date of the conclusion of each of the above contracts, the Plaintiff issued the credit guarantee certificates as above to Defendant A, and Defendant A provided a credit guarantee certificate on April 16, 2008 to the National Bank as collateral, and received a loan of KRW 150,000,000 from the National Bank as collateral, and a loan of KRW 100,000,000 from the New Bank as collateral for a corporate ordinary loan from the National Bank. < Amended by Presidential Decree No. 20000, May 8, 2009>
(3) In the event of a credit guarantee accident on May 22, 2012, the Plaintiff delayed the payment of interest on each of the above loans due to the financial difficulties arising from the business depression of the gas station operated by Defendant A, and then the credit guarantee accident occurred on or around July 31, 2012, the Plaintiff paid to the National Bank KRW 128,732,383 based on the first credit guarantee, and paid to the New Bank on July 17, 2012, KRW 90,833,327 based on the second credit guarantee.
(4) On July 31, 2012, the Plaintiff collected KRW 704,419, out of the amount of subrogation for the 1st credit guarantee.