구상금 등 청구의 소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 254,093,282 as well as KRW 254,092,797 as to the Plaintiff. < Amended by Act No. 14555, Aug. 7, 2017>
1. Facts of recognition;
A. 1) The Plaintiff entered into a credit guarantee agreement and a joint and several sureties contract on January 7, 2015 (hereinafter “Defendant A”).
(3) In order to guarantee the Industrial Bank of Korea’s loan obligations to the Bank, a credit guarantee agreement is concluded between January 7, 2015 and January 6, 2016 (hereinafter “first guarantee agreement”) with a period of time fixed from January 7, 2015 to January 6, 2016.
Upon receipt of a credit guarantee certificate from the Plaintiff on January 8, 2015, Defendant A entered into a credit guarantee agreement with the Industrial Bank of Korea as of December 18, 2015 (hereinafter “the second guarantee agreement”). The Plaintiff changed the term of the first guarantee agreement to January 6, 2017 upon Defendant A’s application. On January 25, 2017, Defendant A entered into a credit guarantee agreement (hereinafter “the second guarantee agreement”) as of January 24, 2018.
3. Defendant B, the representative director of Defendant A, guaranteed the indemnity liability owed by Defendant A to the Plaintiff.
B. The Defendant D, the wife of the Defendant B, entered into a sales contract (hereinafter “instant sales contract”) with the Defendant C Co., Ltd. (hereinafter “Defendant C”) on January 24, 2017 with respect to each real estate listed in the separate sheet No. 1 attached hereto, on October 28, 2016, on which the ownership transfer registration (Article 23016 of the Daejeon District Court Budget Office received on October 31, 2016) was made based on the gift agreement as of October 28, 2016 on each real estate listed in the separate sheet No. 2 list No. 1 and No. 2, and Defendant C entered into a sales contract (hereinafter “instant sales contract”) with respect to each real estate listed in the separate sheet No. 1.
2.9. Each registration of ownership transfer (No. 11970) was made.
C. In the event of a credit guarantee accident and a credit guarantee accident caused by Defendant A’s subrogation on May 31, 2017, by losing the benefit of the lending obligation, the Plaintiff’s credit guarantee accident occurred. On August 4, 2017, the Plaintiff KRW 255,86,567, total amount of the lending obligation to Defendant A Industrial Bank of Korea, = 252,617,926.