구상금 및 사해행위취소 등 청구의 소
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,194,897,198 and KRW 1,194,893,346 among the Defendants. < Amended by Presidential Decree No. 26358, Jun. 8, 2015>
1. Basic facts
A. On November 18, 2009, the Plaintiff entered into a credit guarantee agreement between Defendant A Co., Ltd. (hereinafter “Defendant A”) with a maximum amount of KRW 1,50,000,000, and the credit transaction period from November 18, 2009 to November 16, 201, during which individual credit guarantee certificates may be issued, from November 18, 2009 to November 16, 201, and from November 18, 2009 to November 16, 2010 based on individual credit guarantee certificates (hereinafter “instant credit guarantee agreement”). Defendant B and Defendant C Co., Ltd (hereinafter “Defendant C”) jointly and severally guaranteed the obligation of Defendant A to be borne by the Plaintiff under the credit guarantee agreement in this case.
B. Under the instant credit guarantee agreement, the Plaintiff issued a credit guarantee agreement to Defendant A, (i) on November 18, 200; (ii) on November 17, 2010, the guaranteed amount of KRW 1,000,000,000; and (iii) on November 13, 2015 (finally, the guaranteed amount of KRW 855,000,000; and (iv) on November 13, 2015, respectively; (iv) the Defendant A obtained a loan of KRW 1,00,000,000 from the Industrial Bank of Korea as collateral (hereinafter “one loan”); and (v) on December 15, 2009, the Industrial Bank of Korea issued the guarantee agreement with KRW 475,00,000,000; and (v) on December 14, 2010 (finally, the guaranteed amount of KRW 340,00,000,00 as collateral; and (v) the period of KRW 10.
C. According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the debtor and the joint guarantor agreed to reimburse the amount of the performance of the guaranteed obligation and damages, etc. at the rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation. The Plaintiff’s interest rate for delay is 12% per annum from December 1, 2012 to the date of repayment of the guaranteed obligation
After that, on March 25, 2015, the Plaintiff was due to the suspension of the Defendant A’s current account transaction from the Industrial Bank of Korea on March 24, 2015.