구상금 및 사해행위취소
1. As to Defendant A and B’s joint and several liability for KRW 308,214,961 and KRW 305,508,00 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on August 12, 2014.
1. Facts of recognition;
A. Around April 2009, Defendant A Co., Ltd. (hereinafter “A”) entered into a credit guarantee agreement with the Plaintiff, taking out a loan of KRW 300,000,000 from the IBK Enterprise Bank (hereinafter “Corporate Bank”) (hereinafter “instant loan”).
(hereinafter “instant credit guarantee agreement”). Defendant A agreed, without delay, to pay the Plaintiff the amount of the instant loan and the damages for delay in accordance with the rate determined by the Plaintiff from the date of the subrogation to the date of full payment, the expenses incurred in compensating the Plaintiff for the damages incurred by the Plaintiff, and the penalty determined by the Plaintiff, when the Plaintiff performed the guaranteed obligation due to the nonperformance of the obligation under the instant credit guarantee agreement.
At the time of the conclusion of the instant credit guarantee agreement, Defendant B jointly and severally guaranteed the liability for indemnity owed by Defendant A to the Plaintiff according to the said credit guarantee agreement.
B. On April 30, 2014, Defendant A lost the benefit of time due to its failure to repay the principal and interest of this case. Upon receiving a request to discharge guaranteed obligation from a corporate bank, the Plaintiff paid to the corporate bank totaling KRW 305,508,000 on August 12, 2014.
C. The Plaintiff paid KRW 1,100,121 to preserve the claim for reimbursement against Defendant A immediately after the repayment of the principal and interest of this case.
The delay interest rate of the claim for indemnity determined by the Plaintiff at the time of payment by subrogation is 12% per annum, and the penalty is 1,606,840 won.
Meanwhile, on the other hand, on December 9, 2013, Defendant B entered into a mortgage agreement with Defendant C on each of the land listed in the separate sheet owned by Defendant C (hereinafter “instant land”) with respect to each of the instant land (hereinafter “instant land”) on which the financial standing of Defendant A aggravated, and the registration of the establishment of a mortgage with respect to the instant land (hereinafter “registration of the establishment of a mortgage”) on December 11, 2013, pursuant to the Suwon District Court Seosung Branch Office No. 18795, Dec. 11, 2013.