구상금 및 사해행위 취소의 소
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 39,893,345 and KRW 39,415,59 among the Defendants, from December 30, 2015 to January 30, 2016.
1. Basic facts
A. On March 27, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) to jointly and severally guarantee the Defendant A’s obligation to pay a loan to the Defendant’s National Bank (hereinafter “the credit guarantee agreement of this case”), setting a credit guarantee agreement between Defendant A and Defendant A to provide a credit guarantee principal of KRW 66,491,250 (the amount changed to KRW 48,875,000 thereafter) and the credit guarantee period from March 27, 2012 to June 26, 2012 (the period changed to March 26, 2014 thereafter). Defendant B, the representative director of Defendant A, jointly and severally guaranteed the Defendant A’s obligation to compensate the Plaintiff under the credit guarantee agreement of this case.
B. At the time of the conclusion of the credit guarantee agreement in this case, when the Plaintiff performed the credit guarantee obligation pursuant thereto, the Defendants agreed to pay the amount of the performance of the guaranteed obligation, the amount of damages calculated by multiplying the amount of the performance of the guaranteed obligation by the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of
C. Defendant A submitted a credit guarantee statement under the instant credit guarantee agreement on March 27, 2012, and borrowed KRW 78,225,000 from the National Bank.
Upon occurrence of a guarantee accident under the instant credit guarantee agreement, on December 30, 2015, the Plaintiff subrogated the National Bank to pay the principal amount of KRW 47,679,073 (i.e., KRW 46,325,00, KRW 1,354,00) pursuant to the instant credit guarantee agreement (i.e., KRW 1,736,526, KRW 91,916, KRW 385,830, and KRW 10,736,526, as part of the amount of indemnity on February 1, 2016, and appropriated the subrogated payment of KRW 8,263,474 (i.e., KRW 10,000, KRW 1736,5266).
(e).