구상금 등 청구의 소
1. Defendant A, C, D, and E jointly and severally with the Plaintiff as to KRW 91,246,59 and KRW 90,399,189 among them. < Amended by Act No. 1417, Apr. 8, 2016>
1. Facts of recognition;
A. On January 30, 2015, the Plaintiff entered into a credit guarantee agreement with the Defendant Company A (hereinafter “Defendant Company”) on the loans of KRW 99 million from the Industrial Bank of Korea, with the said Defendant as of January 29, 2016. Defendant C, D, and E: (a) where the Plaintiff performed the guaranteed obligation under the said credit guarantee agreement, the Plaintiff shall pay the principal and the amount of the guaranteed obligation at the rate determined by the Plaintiff from the date of repayment to the date of termination of the guaranteed obligation; (b) the additional guarantee fee from the date following the date of payment of the guarantee fee to the date of termination of the guaranteed obligation; and (c) the Plaintiff’s delayed payment rate determined after June 1, 2015 is 12% per annum.
B. The Plaintiff, at the request of the Industrial Bank of Korea, subrogated for KRW 90,39,189 of the principal and interest of April 8, 2016, when the Defendant Company was in arrears and lost its interest on January 29, 2016.
Meanwhile, the Plaintiff spent KRW 476,860 in order to preserve the above claim for reimbursement, and the Plaintiff incurred additional guarantee fees of KRW 370,550.
C. On January 28, 2016, Defendant E entered into a sales contract with Defendant F with respect to the real estate listed in [Attachment 1] through (7) of [Attachment 1, the sole real estate owned by Defendant F (hereinafter “instant real estate”) and completed the registration of ownership transfer in Defendant F on the same day.
Defendant F sold the instant real estate to Defendant G on May 10, 2016, and completed the registration of ownership transfer on May 27, 2016.
E. At the time of the instant sales, Defendant E’s active property owned the instant real estate worth KRW 1,391,579,850, and the small property is limited to KRW 650,696,174, lease deposit obligation to NHF Bank (hereinafter “CF”) and KRW 15 million against free Korea.