구상금등청구의 소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 51,644,775 and KRW 51,379,251 among them. < Amended by Act No. 1317, Dec. 4, 2015>
1. In full view of the overall purport of the pleadings, the facts as stated in the reasons for the claim can be acknowledged in the separate sheet Nos. 1 to 8, 10, and 11 as to the claim for indemnity.
Therefore, Defendant A Co., Ltd. (hereinafter “Defendant Company”) and B are jointly and severally liable to pay to the Plaintiff the amount of KRW 51,644,775 (the amount of subrogated payment of KRW 51,379,251 (the amount of subrogated payment of KRW 265,524) and the amount of KRW 51,379,251 (the amount of subrogated payment of KRW 51,379,524), whichever is the date of subrogated payment, to February 17, 2016, which is the date of final delivery of the copy of the instant complaint from December 4, 2015 to February 17, 2016, the amount of delay damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion,
2. Determination on the claim for revocation of a fraudulent act
A. The following facts may be acknowledged in full view of the statements in Gap evidence No. 12 to 15, Eul evidence No. 1 to 3, the Korea Federation of Banks, and the purport of the entire pleadings as a result of each fact inquiry to the Court Administration.
1) On June 9, 2014, Defendant B borrowed KRW 100 million from Defendant C as of December 31, 2014. Defendant B was unable to repay the said loan by the due date.
Accordingly, on February 12, 2015, Defendant B entered into a mortgage agreement with Defendant C on each of the real estates listed in the separate sheet (hereinafter “instant real estates”) with the maximum debt amount of KRW 120 million as to each of the real estates listed in the separate sheet in order to secure the obligation for the said loan, and the same year.
2. 16. Disposition No. 2-b in the name of the defendant C
The registration of the establishment of a neighboring mortgage such as the entry in the port (hereinafter referred to as the “mortgage of this case”) has been completed.
3) At the time of the establishment of the instant right to collateral security, Defendant B, at the time of the establishment of the instant right to collateral security, is the instant real estate and the instant ground buildings D in the lusty City (hereinafter referred to as “hesty City building”).
B owned the debt, and the debt was 51,379,251,000 won against the plaintiff, the debt of 100,000 won against the plaintiff, and the Seoul Guarantee Insurance.