구상금 및 사해행위 취소의 소
1. Defendant A and B jointly and severally provide the Plaintiff with KRW 27,39,431 and KRW 27,008,381 among them. From May 7, 2015 to May 7, 2015.
1. Basic facts
A. On May 9, 2012, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) between the Defendant Company and the Defendant Company with a view to securing the payment of the principal and interest of the loan from the Bank of Korea, with a view to guaranteeing the payment of the principal and interest of the loan amounting to KRW 26,400,000, and the term of guarantee until August 8, 2012 (the term of guarantee was changed every year, and the final term of guarantee was set on August 7, 2015). At the time, the Defendant B, the representative director of the Defendant Company, was jointly and severally and severally guaranteed all the obligations owed by the Defendant Company pursuant to the credit guarantee agreement of this case.
On May 9, 2012, the Plaintiff issued a credit guarantee certificate to Korea Bank as the other party to the guarantee, and the Defendant Company was loaned KRW 33,00,000 from Korea Bank as security.
B. When the Defendant Company delayed interest on January 20, 2015 and caused a credit guarantee accident, the Plaintiff subrogated to the Bank on May 7, 2015 (i.e., the principal and interest of the above loan obligation amounting to KRW 27,008,381 (= principal amounting to KRW 26,40,000) pursuant to the instant credit guarantee agreement.
The plaintiff paid KRW 331,050 to preserve the rights acquired through the fulfillment of the guaranteed obligation.
The interest rate on delay damages at the time of subrogation is 12% per annum.
C. Defendant B entered into a donation agreement on September 17, 2014 (hereinafter “instant donation agreement”) with Defendant C, one’s own wife, on the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, the Seoul Western District Court completed the registration of ownership transfer as to the instant real estate in the name of Defendant C pursuant to Article 47346.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 8 (including additional number), the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant Company and B, the Defendant Company and Defendant B, according to the credit guarantee agreement of this case.