구상금 및 사해행위 취소의 소
1. Defendant A Co., Ltd, B, C, and D are jointly and severally liable to the Plaintiff for KRW 314,213,881 and KRW 307,975,112 among them.
1. Basic facts
A. A. A. The plaintiff around June 30, 2006 (hereinafter "the defendant company") around June 30, 2006.
By June 29, 2007, the Guarantee Co., Ltd. (hereinafter referred to as “Non-Party Bank”) shall be the Bank of Korea (hereinafter referred to as “Non-Party Bank”) until the guaranteed amount 400,000,000,000 won, and
(i) a credit guarantee agreement (the foregoing agreement was finally changed to KRW 360,000,000,000 for guaranteed amount, and the term of guarantee was extended to June 20, 2014;
The credit guarantee agreement of this case plus hereinafter referred to as "the credit guarantee agreement of this case"
(2) On July 6, 2006, the Defendant Company issued a credit guarantee certificate from the Plaintiff pursuant to the instant credit guarantee agreement, and accordingly borrowed KRW 500,000,000 from the Nonparty Bank on July 6, 2006.
B. On January 27, 2014, a credit guarantee accident occurred due to the occurrence of a credit guarantee accident and the delinquency of the Defendant company. On March 7, 2014, the Plaintiff subrogated to Nonparty Bank KRW 311,320,822 (i.e., principal amount of KRW 310,500,726) (i.e., KRW 820,096) (ii) the Plaintiff collected KRW 3,345,710 from the Defendant Company on March 7, 2014 and paid the amount by subrogation to KRW 307,975,112 (i.e., KRW 31,320,320 - KRW 3,345,710). The amount of subrogation was determined as KRW 1,099, the amount of damages incurred by the Plaintiff to preserve the claim for reimbursement against the Defendant Company is the annual rate of damages for delay under the credit guarantee agreement.
C. Defendant D and C’s property disposal act 1) between Defendant E and Defendant D, and Defendant D’s real estate listed in attached Table 1 on November 13, 2013 (hereinafter “real estate 1”).
A) As to the sales price of KRW 52,750,000 (hereinafter “first sales contract”)
B) Defendant C, on November 13, 2013, each of the real estate listed in the separate sheet 2 through 5 (hereinafter referred to as “second real estate, etc.”) in the separate sheet 2 through 5 (hereinafter referred to as “second real estate, etc.”), and when combined with the first real estate, each of the instant cases.