구상금 및 사해행위취소 등 청구의 소
1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 247,486,338 and KRW 245,560,028.
1. Facts of recognition;
A. On October 6, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement in this case”) with Defendant Company A (hereinafter referred to as the “Defendant Company”) with respect to the amount of KRW 300 million of general loans from the Korea Exchange Bank Co., Ltd. (hereinafter referred to as the “Korea Exchange Bank”), with the effect that the amount of security deposit of KRW 250 million was changed to KRW 250 million (the amount was changed to KRW 240 million) and the term of guarantee was changed to October 5, 2015 (the period changed to October 2, 2017) (hereinafter referred to as the “credit guarantee agreement in this case”). At this time, Defendant B, C, and D were jointly and severally liable for reimbursement by Defendant Company to the Plaintiff under the said credit guarantee agreement. The Defendant Company received a loan from the new bank after submitting a credit guarantee agreement issued by the Plaintiff.
B. At the time of the instant credit guarantee agreement, Defendant Company, B, C, and D agreed to jointly and severally repay incidental obligations, such as the amount, delay damages, and expenses for preservation of rights, when the Plaintiff fulfills the guaranteed obligation under the said credit guarantee agreement.
C. On April 13, 2017, the Defendant Company registered credit management information due to default of national taxes, and on May 15, 2017, the Defendant Company notified the Plaintiff of a credit guarantee accident under the instant credit guarantee agreement on the ground that the new bank did not pay the principal and interest.
On August 14, 2017, the Plaintiff subrogated to the new bank of KRW 245,742,846 of the principal and interest of the Defendant Company’s debt under the credit guarantee agreement.
With respect to the instant credit guarantee agreement, the Plaintiff appropriated the amount of KRW 182,818,00 for appropriation, and the final amount of damages is KRW 50,000,000,000 for the purpose of securing the execution of the said claim for reimbursement, and thereafter, on February 1, 2016, the agreed damages rate determined by the Plaintiff is 10% per annum.
On the other hand, on May 10, 2017, Defendant B, who owned F forest land 78744m2 (hereinafter “instant forest”) on the same day, is the Defendant.