구상금 등 청구의 소
1. Defendant A and B Co., Ltd. jointly and severally with the Plaintiff KRW 173,918,390 and KRW 171,354,237 out of the above amount. < Amended by Presidential Decree No. 24880, Nov. 1, 2013>
The summary of the case is that the plaintiff sought reimbursement from the defendant company (the principal debtor) and the defendant B (joint guarantor) under a credit guarantee agreement, while the real estate mortgage contract between the defendant B and the defendant C and the real estate sales contract between the defendant B and the defendant D are fraudulent acts.
On June 10, 2009, Defendant Company entered into a credit guarantee agreement on the premise of the claim against Defendant C and D and obtained a loan of KRW 200 million from the Industrial Bank of Korea under the credit guarantee agreement with the Plaintiff on June 10, 201 and on June 10, 2010.
Defendant B, the representative director of the Defendant Company, guaranteed the obligation of the Defendant Company to the Plaintiff according to the above credit guarantee agreement.
Since then, the guaranteed principal of the credit guarantee agreement was changed to KRW 170 million, and the term of the guarantee was changed to June 5, 2014.
According to the above credit guarantee agreement, when the plaintiff has fulfilled the guaranteed obligation, the principal debtor and the joint guarantor shall pay the amount of the guaranteed obligation and the rate determined by the plaintiff from the date of performance of the guaranteed obligation until the date of repayment (12% per annum from December 1, 2012), damages for delay calculated by the calculation method, damages for execution and preservation of claims, exercise of the guaranteed obligation, and expenses for legal procedures.
In September 13, 2013, a credit guarantee accident occurred due to the loss of the benefit of time on September 13, 2013.
On November 21, 2013, the Plaintiff paid the principal and interest of KRW 172,800,752 to the Industrial Bank of Korea, recovered KRW 1,446,515 out of the amount of subrogated payment on the same day, and 475 won was incurred as a fixed delay damages for recovery.
The amount that the Plaintiff has not recovered is KRW 2,563,678 for the enforcement and preservation of the claim for indemnity under the credit guarantee agreement of this case.
Attached list 1, 2, 2. of the defendant B related to the registration.