구상금 및 사해행위 취소의 소
1. The part concerning the defendant in the judgment of the court of first instance is revoked.
2. As to the real estate listed in paragraph 1 of the Schedule, a.
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement between the Plaintiff and A and the Plaintiff’s performance of the guaranteed obligation 1) on October 23, 2009 (hereinafter “A”).
B) Between A and A, a credit guarantee agreement is concluded between A and A to guarantee the payment of the principal and interest of a loan from A to KRW 300,000 won guaranteed for the payment of the principal and interest of a loan, and the term of guarantee until October 22, 2010 (hereinafter “the credit guarantee agreement of this case”).
(B) The above credit guarantee agreement was jointly and severally guaranteed by B. (2) The main contents of the credit guarantee agreement of this case are as follows.
Article 3 (Payment of Guarantee Fees, etc.) (3) If the principal fails to perform the principal obligation within the deadline for the discharge of the principal obligation, the penalty shall be paid in addition to the rate calculated by multiplying the amount of guaranteed obligation which has not been performed by the rate of 0.5% per annum from the guaranteed obligation.
Article 6 (Right of Preliminary Reimbursement) (1) When a cause falling under any of the following subparagraphs has occurred to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the plaintiff, even if there is no notification or peremptory notice from the plaintiff:
1. Where the principal obligation is violated and the plaintiff has fulfilled the guaranteed obligation, the principal and the joint guarantor shall immediately refund the amount falling under any of the following subparagraphs:
1. Performance amount of the surety obligation;
2. The amount of loss calculated by multiplying the amount under subparagraph 1 by the rate determined by the plaintiff from the date of discharge of the guaranteed obligation until the date of repayment.
3. Expenses incurred in performing guaranteed obligations;
4. Expenses incurred in the preservation, transfer and exercise of any right acquired through the discharge of guaranteed liabilities;
5. The plaintiff 3rd of the unpaid guarantee fee, delayed guarantee fee, and penalty has issued a credit guarantee certificate to the corporate bank as the other party, and A shall be KRW 300 million from the corporate bank.