구상금 및 사해행위취소 등 청구의 소
1. Defendant A and B, jointly and severally, shall be the Defendant from September 20, 201 to KRW 377,403,321 among the Plaintiff’s KRW 378,838,747 and its amount.
1. Facts of recognition;
A. 1) The Plaintiff entered into a credit guarantee agreement on April 29, 2016, and the Defendant A Co., Ltd. (hereinafter “Defendant Company”).
(1) a new bank (hereinafter referred to as “new bank”)
(2) On June 22, 2016, the Plaintiff entered into a credit guarantee agreement with the Defendant Company for a guarantee period of KRW 229,50,000, and one-year credit guarantee agreement with the Defendant Company for a guarantee period of KRW 144,000,000, and the guarantee period of KRW 144,000,00, and June 22, 2017 from June 21, 2017.
3) Defendant B shall provide each of the above credit guarantees (hereinafter “each of the above credit guarantees”).
(B) Under the agreement, the Defendant Company jointly and severally guaranteed the obligation owed to the Plaintiff by the Defendant Company. The Defendant B, who entered into the contract for purchase and sale of each of the real estates listed in the separate sheet owned by the Defendant B (hereinafter “each of the instant real estates”).
As to April 12, 2017, the reservation to trade with Defendant C is made (hereinafter “instant reservation to trade”).
(1) On April 19, 2017, Defendant C’s provisional registration of each right to claim ownership transfer (hereinafter “instant provisional registration”).
(C) The Plaintiff’s subrogation 1) loaned each of the credit guarantee certificates of this case to Defendant Company KRW 270,000,000,180,000 as security, but the Defendant Company notified the Plaintiff of the occurrence of a credit guarantee accident on July 14, 2017, when the Defendant Company did not repay its loans.
2) On September 20, 2017, the Plaintiff subrogated for KRW 377,403,321 in total with the principal and interest of loan to a new bank. The remainder of subrogated payment is 689,826 won, penalty under each credit guarantee agreement of this case is 745,600 won, and the interest rate for delay determined by the Plaintiff is 10% per annum. [In the absence of a dispute over the grounds for recognition, each entry of subparagraphs A and 7, and the purport of the entire pleadings.]
2. Determination as to the claim against the Defendant Company and B
A. On September 20, 2017, the Plaintiff for the indication of the claim is subject to each credit guarantee agreement of the instant case.