구상금등
1. Defendant A, B, C, and D jointly and severally with the Plaintiff KRW 120,00,000,000 and the aforementioned amount from July 17, 2014 to August 15, 2014.
1. Facts of recognition;
A. (1) On October 25, 2012, the Plaintiff entered into a guarantee insurance contract with Defendant A and B, setting the insurance coverage amount of KRW 30 million as to the sales price of credit goods to the said Defendants’ Airport Petroleum Company (hereinafter “Nonindicted Company”) from October 26, 2012 to October 25, 2013. The Plaintiff entered into a guarantee insurance contract with the insurance coverage amount of KRW 120 million on June 28, 2013, and the insurance coverage period of KRW 120 million from October 26, 2012 to December 30, 2015.
(2) When Defendant A and B did not pay the credit goods payment obligation at the time of each of the above contracts, they paid the insurance money to the Plaintiff by adding the above insurance money and the damages for delay calculated in accordance with the applicable interest rate publicly notified by the Plaintiff.
(3) Meanwhile, Defendant C and D jointly and severally guaranteed the liability for reimbursement, such as the above insurance money and damages for delay, against the Plaintiff in Defendant A and B.
B. (1) On January 28, 2014, Defendant E leased real estate stated in the purport of the claim from Defendant A (hereinafter “instant real estate”) by setting the deposit amount of KRW 92 million and the lease period from February 27, 2014 to February 26, 2016.
(2) On May 8, 2014, Defendant E, who had resided in the instant real estate upon delivery, purchased the said real estate at KRW 142 million from Defendant A (hereinafter “instant sales contract”); succeeded to Defendant A’s loan obligations at KRW 40 million; or paid KRW 985,195 out of the remainder of the sales amount remaining after offsetting the said deposit repayment claim at KRW 92 million, to Defendant A, and paid the said loan at KRW 127,561, interest on the said loan from April 11, 2014 to May 10, 2014. < Amended by Act No. 12751, Apr. 11, 2014; Act No. 12561, May 10, 2014>
(3) On May 9, 2014, Defendant E completed the registration of ownership transfer in its name with respect to the instant real estate.
(4) Meanwhile, at the time of the conclusion of the above sales contract, the person holding the right to collateral security with the maximum debt amount of 48 million won and the real estate in this case.