구상금 및 사해행위 취소의 소
1. The part against the defendant in the judgment of the court of first instance is revoked.
2. On June 9, 2015, between the defendant and the co-defendant A of the first instance trial.
Basic Facts
On October 2, 2014, the Plaintiff, including the conclusion of a credit guarantee agreement, entered into a credit guarantee agreement with a co-defendant A (hereinafter referred to as “A”), and entered into a credit guarantee agreement with a Co-Defendant A (hereinafter referred to as “the instant credit guarantee agreement”) to guarantee the payment of principal and interest of a loan from a national bank (hereinafter referred to as “national bank”) in order to guarantee the payment of the principal and interest of a loan.
A was issued a credit guarantee certificate from the Plaintiff pursuant to the instant credit guarantee agreement and was loaned KRW 285,00,000 from the National Bank on October 13, 2014.
Article 10 of the Credit Guarantee Agreement of this case provides that ① the principal debtor shall reimburse the amount of the performance of the guaranteed obligation, damages for delay calculated 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, ② the expenses required for the performance of the guaranteed obligation of the Plaintiff, ③ the expenses incurred by the Plaintiff in the preservation, transfer,
As a credit guarantee accident occurred on July 13, 2015 due to delay in the repayment of principal and interest of a national bank by the Plaintiff’s subrogation, etc., the Plaintiff subrogated to the national bank totaling KRW 230,272,381 (= principal principal KRW 225,440,832,381) on December 1, 2015.
(hereinafter referred to as "the subrogation of this case". The amount paid by the plaintiff for the preservation of the claim for indemnity against A is KRW 545,391, and the interest rate for delay under the credit guarantee agreement of this case is 12% per annum (from December 1, 2012 to now).
C, such as the act of disposal of A’s property, etc., completed the registration of creation of a neighboring mortgage in the amount of KRW B and the maximum debt amount of KRW 300,00,000,00 with respect to each real estate listed in Appendix 1. B owned on August 17, 2005 (hereinafter “each real estate of this case”). A shall be subject to the transfer of contract on August 27, 2008.