구상금 등 청구의 소
1. As to KRW 3,446,859,742 among the Plaintiff and KRW 3,445,794,307 among the Plaintiff, Defendant A shall be from August 1, 2014 to October 2, 2014.
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) concluded each credit guarantee agreement with the Plaintiff on December 14, 2006 with the credit guarantee principal of KRW 1.955 million, and the credit guarantee principal of KRW 1.7 billion on November 12, 2009, and obtained loans from the Industrial Bank of Korea in total of KRW 4.3 billion on November 8, 2013.
At the time, defendant A, the representative director of D, guaranteed D's indemnity liability under the above credit guarantee agreement to the plaintiff.
B. The above credit guarantee agreement was maintained by the extension of the time limit several times, and there was a credit guarantee accident where D would lose the benefit of the lending obligation due to the suspension of current account transactions on May 8, 2014.
C. On August 1, 2014, upon the request of the Industrial Bank of Korea, the Plaintiff subrogated for KRW 3,447,423,653 in total to the above bank, and recovered KRW 1,629,346 out of the amount of subrogated payment from D. The Plaintiff spent KRW 1,065,435 out of the amount of subrogated payment.
According to the above credit guarantee agreement, D shall pay the amount guaranteed by the Plaintiff as the obligation of advance reimbursement even before the Plaintiff performs the guaranteed obligation in the event that a cause, such as a disposition of suspension of transaction, occurs by the clearing house. If the Plaintiff performs the guaranteed obligation, D shall pay damages for delay at 12% per annum from the date of repayment of the amount of subrogated and the expenses incurred
E. Meanwhile, on November 20, 2013, Defendant A entered into a sales contract with Defendant B on the real estate of paragraph (1) (hereinafter referred to as “real estate of paragraph (1)” based on the attached Table 2 list, since each real estate listed in the attached Table 1 list is identical to that of paragraph (1) through (6) as stated in the attached Table 2 list, and completed the registration of ownership transfer on December 9, 2014. On May 8, 2014, Defendant B, C, and C entered into a sales contract on the real estate of paragraphs (2) and (3) (hereinafter referred to as “second sales contract”) and completed the registration of ownership transfer on May 9, 2014.