구상금 및 사해행위 취소의 소
1. As to KRW 46,385,950 and KRW 45,758,80 among the Plaintiff, Defendant A shall be from July 10, 2015 to October 1, 2015.
1. Basic facts
A. On May 27, 2010, Defendant A entered into a credit guarantee agreement with the Plaintiff and the credit guarantee principal of KRW 47,500,000 and the credit guarantee period from May 27, 2011 to May 26, 201 (hereinafter “the instant credit guarantee agreement”) (i.e., the period of guarantee has been extended by May 22, 2015 due to the change in the conditions of guarantee several times thereafter) (hereinafter “the instant credit guarantee agreement”).
B. According to the instant credit guarantee agreement, where Defendant A fails to perform the principal obligation within the period of discharge of the principal obligation, he/she shall pay the penalty calculated by multiplying the amount of performance guaranteed by the rate of five percent per annum by the rate of guarantee fee for the amount of performance guaranteed (Article 3(3)), and where the Plaintiff performs the credit guarantee obligation, Defendant A shall reimburse the amount of performance of the guaranteed obligation, the amount incurred by the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, and the penalty, etc.
(Article X(1)(c).
On March 31, 2015, Defendant A delayed payment of interest on the loan and caused a guarantee accident, and the branch of Sung-dong notified the Plaintiff of the occurrence of the credit guarantee accident and claimed the bond.
On July 10, 2015, the Plaintiff paid the principal of the loan amounting to KRW 45,00,000, interest amounting to KRW 758,804 by subrogation at the school-dong branch.
The penalty under the credit guarantee agreement of this case is KRW 142,020, and the expenses incurred by the Plaintiff in securing the claim for reimbursement are KRW 485,126.
E. On the other hand, on November 3, 2014, Defendant A entered into a mortgage agreement (hereinafter “instant mortgage agreement”) with Defendant B, who is the birth partner, on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) and the attached list, and concluded a mortgage registration (hereinafter “mortgage creation registration”) with respect to the instant real estate (hereinafter “instant real estate”). On November 3, 2014, as the receipt of the maximum debt amount No. 62190 on November 3, 2014, KRW 150,000,000, and Defendant B, the mortgagee, the mortgagee, and the mortgage registration (hereinafter “mortgage creation registration”).