구상금 및 사해행위 취소의 소
1. As to KRW 811,736,809 and KRW 534,417,443 among the Plaintiff, Defendant A shall be from April 7, 2016 to October 27, 2016.
Facts of recognition
The Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”), as follows, and each of the credit guarantee agreements (hereinafter referred to as “each of the instant credit guarantee agreements”). The Nonparty Co., Ltd. (hereinafter referred to as “Co., Ltd.”) and the new bank received loans from the Plaintiff as follows:
On March 7, 2018, the guaranteed amount guaranteed on the date of a guarantee agreement: (a) KRW 180,000,000 won in an enterprise bank; (b) KRW 18,60,000 on March 6, 2018; and (c) KRW 64,00,00 won in an enterprise bank; (b) KRW 64,00,000 on February 17, 2016; and (c) KRW 30,000,00 won in a new bank with KRW 270,000,000 on March 31, 2015; (b) KRW 44,000,000 in an annual repayment of the guaranteed amount; and (c) KRW 16,00,000 in an annual repayment of the guaranteed amount to the Plaintiff from the date of the performance of the guaranteed obligation; and (d) the Plaintiff’s repayment of the guaranteed amount to the Plaintiff; and
Defendant A, the representative director of the non-party company, guaranteed all obligations owed by the non-party company under each credit guarantee agreement of this case to the plaintiff on the same day.
On March 4, 2016, the Plaintiff received notification of the occurrence of a credit guarantee accident due to the principal and delayed delay from a corporate bank on February 17, 2016. On April 7, 2016, the Plaintiff paid KRW 56,852,049 (i.e., principal interest of KRW 562,60,000,000) to the corporate bank on April 7, 2016.
On February 2, 2016, the Plaintiff received notification from the new bank of the occurrence of a credit guarantee accident due to the non-party company's loss of the benefit of time on February 1, 2016. On October 24, 2016, the Plaintiff received the notification of the occurrence of the credit guarantee accident due to non-party company's loss of the benefit of time, and on behalf of the non-party company, 274,11,666 won (= principal interest of KRW 269,604,072) from the new bank on October 24