구상금 및 사해행위취소 청구의 소
1. Defendant A and B shall jointly and severally serve as KRW 110,00,000 for the Plaintiff and as a result, from October 11, 2014 to November 9, 2014.
1. Basic facts
A. The Plaintiff’s indemnity claim 1) Defendant A, while operating D, is the Plaintiff’s indemnity claim (hereinafter “ELS”) and the Defendant A is the Plaintiff’s ELS Co., Ltd. (hereinafter “ELS”).
() In order to enter into an agency contract with the Plaintiff on September 1, 201 and to secure the performance of the contract, performance guarantee insurance contract (payment) providing that the amount of insurance coverage is KRW 50 million between the Plaintiff and the Plaintiff and the period of insurance shall be from September 1, 2011 to August 13, 2013, guaranteeing the payment of liability for damages and the amount of credit goods on credit under the relevant agency contract (hereinafter “instant guarantee insurance contract”).
(2) On the same day, Defendant A and B agreed to immediately pay the Plaintiff the insurance money according to the instant guarantee insurance contract, if the Plaintiff paid the insurance money to EL Pluss, the Defendant A and B agreed to pay the Plaintiff the insurance money, damages for delay in accordance with the rate determined by the Plaintiff from the day following the payment of the insurance money to the day of full payment, other litigation expenses incurred in relation to the collection of the claim such as the insurance money, the preservation of claims, and the expenses incurred in the execution of claims.
At present, the rate of the Plaintiff’s interest on delay is 6% per annum from the date following the payment date to the 30th day, 9% per annum from 31 to 90 days, and 15% per annum from the expiration of 90 days.
3) On March 22, 2012, Defendant A entered into a contract with the Plaintiff on the change of the purchase price of KRW 100 million, the purchase price of KRW 110 million on December 27, 2012, and the term of the contract up to December 31, 2013. Defendant B provided a joint and several surety for each of the above changed guarantee insurance contracts at around that time, Defendant A provided a debt owed by Defendant A to the Plaintiff. 4) On September 4, 2014, Defendant A claimed payment of the instant guaranteed insurance against the Plaintiff.
On October 10, 2014, the Plaintiff paid insurance money of KRW 110 million to ELS.
B. Sale and purchase of real estate between Defendant B and Defendant C.