사해행위취소, 구상금
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 219,802,073 and KRW 218,191,943 among them. < Amended by Presidential Decree No. 25089, Feb. 21, 2014>
1. Basic facts
A. 1) The Plaintiff Co., Ltd. (hereinafter “Defendant A”) concluded a credit guarantee agreement and run a loan.
(2) In entering into a credit guarantee agreement with the following table (hereinafter referred to as “each credit guarantee agreement of this case”)
() In the event that the Plaintiff makes a substitute payment for the principal and interest of the loan due to the Plaintiff’s failure to perform the obligation to repay the loan incurred to the lending institution, the Plaintiff agreed to pay the principal and interest of the loan for delay, fixed damages, attempted penalty, penalty for breach of trust, and substitute payment according to the Plaintiff’s interest rate from the date of the performance of the obligation. Defendant B (former: e) guaranteed the Defendant A’s obligation under each credit guarantee agreement of this case. The credit guarantee agreement was extended until April 18, 2014 as of April 20, 2012 of the credit guarantee principal of the date of the credit guarantee agreement, the credit guarantee agreement was extended until April 18, 2014. The Plaintiff was extended to 46,400,000 won as of September 27, 2011, and each of the credit guarantee agreements was issued to the Industrial Bank of Korea as at KRW 170,000,0000,000 each of the credit guarantee agreements of this case.
Loan 1 of the Loan of Small and Medium Enterprise Loan of 58,000,000 won on April 22, 2011, 201 of the Agreement on the Loan of Small and Medium Enterprise Loan of 58,000,000 won on September 28, 2011, collectively 258,000 won on September 28, 201.
B. 1) The Defendant A may incur a credit guarantee accident due to delinquency in interest on January 19, 2014 (hereinafter “instant credit guarantee accident”).
In addition, the plaintiff paid to the Industrial Bank of Korea total of KRW 218,231,272 as stated in the following table by subrogation of the defendant A, and received reimbursement of KRW 39,329.
The amount of subrogated for the repayment on the date of performance of the contract shall be KRW 46,834,049 on February 21, 2014, the amount of subrogated for the repayment on the date of performance of the contract, KRW 46,834,049 on February 21, 2014, KRW 171,397,223, KRW 39,329 on February 23, 201.