구상금 및 사해행위취소
1.(a)
Defendant A shall pay to the Plaintiff KRW 10,028,770 and KRW 9,653,252 from October 29, 2014 to April 6, 2015.
1. On January 17, 2014, a credit guarantee agreement (hereinafter “instant guarantee agreement”) and a credit transaction agreement (hereinafter “instant transaction agreement” and “A” were written as of January 17, 2014, respectively. The Plaintiff and “C,” concluded the instant guarantee agreement with the non-corporate trade name until January 17, 2019, with the credit guarantee term of KRW 9,500,000 of the credit guarantee principal and interest of the general loan to be borrowed by the said Defendant pursuant to the instant transaction agreement (hereinafter “non-corporate bank”), and pursuant to the said agreement, the said Defendant shall issue the letter of credit guarantee to the Defendant with the guarantee number D, amount of security deposit, KRW 9,500,00, KRW 500, KRW 17, 2019, and the term of guarantee period of January 17, 2019.
The above two agreements include the name, address, private person, etc. of the defendant A and other necessary matters in financial transactions in the party's column, and the confirmation staff of the letter of guarantee of this case has the seal of the relevant employee (name omitted).
B. According to the F.C.’s loan transaction records and C.C. transfer request/the results, the interest, etc. was transferred several times from the No.C. bank account in the name of Defendant A until June 17, 2014, including transfer of KRW 82,043 from February 18, 2014 to June 17, 2014.
Secondly, the instant transaction agreement on June 19, 2014 led to an accident of guarantee due to delay in payment of interest and loss of interest due to loss of interest due to the occurrence of an accident of guarantee, and the Plaintiff, the guarantor, on October 29, 2014, subrogated the guaranteed obligation of KRW 9,909,822 (= principal principal amount of KRW 9,50,000, KRW 409,822).
Applicant, on October 29, 2014, the Plaintiff collected KRW 256,570 from the guarantee fee to appropriate it to the principal of the claim for reimbursement of the subrogated amount. Thus, the remainder of the claim for reimbursement of the subrogated amount is KRW 9,653,252. The Plaintiff paid the amount of 98 won (=256,570 won x 14% x 1/365) for the amount of indemnity liability 256,570 won.