구상금 및 사해행위취소 등
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 82,438,484 and KRW 81,97,487 among themselves, as to May 9, 2018.
1. Basic facts
A. 1) The Plaintiff entered into a credit guarantee agreement on May 15, 2013 only with Defendant A Co., Ltd. (hereinafter “Defendant Company”).
(2) In addition, the credit guarantee agreement between the Defendant Company and D Co., Ltd. (hereinafter “D Bank”) to guarantee the loan obligations owed by D Co., Ltd. to D Co., Ltd. (hereinafter “D Bank”), setting the credit guarantee principal of KRW 85,00,000 and the credit guarantee period from May 15, 2013 to May 16, 2014 (hereinafter “the credit guarantee agreement of this case”).
(2) Upon entering into a contract, the Defendant Company agreed to pay to the Plaintiff the amount of subrogated payment, additional guarantee fee, and the legal procedure expenses paid by the Plaintiff in subrogation for the purpose of preserving the claim for reimbursement. Defendant B, as the representative director of the Defendant Company, jointly and severally guaranteed the obligation under the instant credit guarantee agreement owed by the Defendant Company to the Plaintiff. (2) On May 15, 2013, the Defendant Company borrowed KRW 100,000,000 from D Bank for agricultural food and food enterprise operation funds.
3) The Plaintiff extended the guarantee period of the instant credit guarantee agreement to the end of May 12, 2017, and extended the said period to the end of May 11, 2018. (B) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation by the Plaintiff lost the benefit of time due to the Plaintiff’s failure to pay interest to the D Bank from January 17, 2018, and the D Bank filed a claim for a credit guarantee payment with the Plaintiff on March 9, 2018 in accordance with the instant credit guarantee agreement on behalf of the Defendant Company on May 9, 2018.
2) In order to secure the claim for indemnity against the Defendant Company, the remainder of the legal procedure cost paid by the Plaintiff in delay is KRW 440,997, and the rate of damages for indemnity determined by the Plaintiff at the time of subrogation is 10% per annum (hereinafter collectively referred to as “the claim for indemnity of this case or the claim for indemnity of this case”).