구상금 등 청구의 소
1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 149,201,119 and KRW 144,031,215 out of the above amount.
The summary of the case is that the Plaintiff sought reimbursement from Defendant Company B, B, and C under the credit guarantee agreement and sought revocation and restitution on the ground that the real estate sales contract between Defendant D, Defendant D, Defendant E, Defendant C, and Defendant E is a fraudulent act.
In fact, on September 4, 2012, Defendant Company entered into a credit guarantee agreement with the Plaintiff and received a loan amounting to KRW 200 million from the new bank upon entering into a credit guarantee agreement with the Plaintiff as of September 4, 2013, and issued a credit guarantee agreement with the Plaintiff on September 4, 2013.
The defendant B and the director of the defendant C (the de facto marital relationship with the defendant B) have jointly and severally guaranteed the obligations of the plaintiff of the defendant company under the above credit guarantee agreement.
According to the above credit guarantee agreement, when a plaintiff has performed a guaranteed obligation, the principal debtor and the joint guarantor shall pay the amount of the guaranteed obligation and the amount of the performance of the guaranteed obligation at the rate determined by the plaintiff (12% per annum after December 1, 2012), additional guarantee fees, and legal procedure costs incurred by the plaintiff for the execution, preservation, and exercise of the obligation.
On October 4, 2013, the new bank notified the Plaintiff of the occurrence of a credit guarantee accident by delinquency of the principal of the credit loan due to the deadline until September 4, 2013.
Accordingly, on January 8, 2014, the Plaintiff subrogated to the new bank for the principal and interest of KRW 144,031,215.
In addition, 245,480 won was incurred, and the amount paid by the plaintiff as the legal procedure cost for the execution and preservation of the claim for indemnity is 4,924,424 won.
On February 20, 2013, the registration of transfer of ownership was completed on February 18, 2013 in the name of Defendant B, who is the punishment of Defendant B, with respect to the real estate listed in paragraph (1) of the attached list in Defendant B’s name.
Section 2 of [Attachment B] of the Defendant B’s name on February 20, 2013.