구상금 및 사해행위취소
1. The Plaintiff:
A. The defendant limited liability company A, B, D, and E are jointly and severally 926,003,632 won and 916,853.
1. Facts of recognition;
A. 1) The Plaintiff entered into a credit guarantee contract on December 30, 2015, the Plaintiff is the Defendant Limited Company A (hereinafter “Defendant A”).
(1) As indicated below, the term of a guarantee agreement with the term of December 28, 2018 (hereinafter “the term of the first credit guarantee agreement of this case”) and the guaranteed amount of KRW 250,00,000, and a guarantee agreement with the term of December 28, 2018 (hereinafter “the term of the first credit guarantee agreement of this case”) set forth as the term of the guarantee agreement with the term of December 28, 2018 (hereinafter “the term of the first credit guarantee agreement of this case”) are as follows:
After the conclusion of the credit guarantee agreement, Defendant B Co., Ltd, E, and D issued a credit guarantee certificate to Defendant A. At the time of the said credit guarantee agreement, Defendant B Co., Ltd, E, and D jointly and severally guaranteed the debt under the credit guarantee agreement of this case, and Defendant C’s debt under the credit guarantee agreement of this case. On December 28, 2018, Defendant C Co., Ltd., Defendant C Co., Ltd., Defendant E- 2, Defendant D 2, Co., Ltd., Ltd., Defendant B, on December 30, 2015, under the credit guarantee agreement of this case, Defendant A paid the guaranteed debt to the Plaintiff by the repayment date of the guaranteed debt guarantee agreement of this case, the amount of damages incurred from the repayment date of the guaranteed debt of the Plaintiff and the performance date of the guaranteed debt of this case, the amount of the guaranteed debt of this case, the guarantee fee of the Plaintiff’s exercise of the guaranteed debt of this case, and the expenses incurred from the execution date of the guaranteed debt of this case.
Since February 1, 2016, the rate of damages under the credit guarantee agreement of this case (interest rate and delay damages rate) shall be 10% per annum.
3 Defendant A paid guarantee fees under the instant credit guarantee contract by December 29, 2016.
B. A guarantee accident and the Plaintiff’s subrogation made each loan from a lending bank under a credit guarantee certificate issued by the Plaintiff under the instant credit guarantee contract, but did not repay each of the above loans. The Plaintiff is the Defendant A.