구상금 및 사해행위 취소의 소
1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 478,306,898 and KRW 476,440,538 among the Plaintiff, Defendant A and B, respectively. < Amended by Act No. 1584, Nov. 29, 2018>
1. Basic facts
A. (1) On June 3, 2016, the Plaintiff entered into a credit guarantee agreement and a joint and several sureties contract with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) setting the guarantee amount of KRW 472 million and the guarantee period from June 3, 2016 to June 2, 2017, in order to guarantee the Defendant E-bank’s loan obligations to the Defendant E-bank. The Defendant A received a loan of KRW 590 million from the E bank after obtaining a credit guarantee certificate from the Plaintiff.
(2) Defendant A, the representative director of Defendant A, has jointly and severally guaranteed the obligation of Defendant A to the Plaintiff under the instant credit guarantee agreement.
(3) On May 29, 2017, the Plaintiff changed the term of guarantee to June 1, 2018 upon Defendant A’s application.
B. Under the terms of the credit guarantee agreement of this case, Defendant A agreed to pay the Plaintiff the amount subrogated by the Plaintiff when the Plaintiff performed the guaranteed obligation, ② damages for delay in accordance with the rate set by the Plaintiff from the date of subrogation to the date of repayment of the obligation for reimbursement of indemnity, ③ in the event that the guaranteed obligation is not performed within the term of guarantee, penalty calculated by multiplying the amount of the guaranteed obligation not performed by the rate calculated by adding 0.5% per annum to the rate of guarantee rate for the amount of the guaranteed obligation not performed, ④ substitute payment, and guarantee fee, etc.
C. (1) On May 11, 2018, Defendant A caused a credit guarantee accident due to the interest accrued due to sales failure and delinquency in principal, and on November 29, 2018, the Plaintiff performed the guaranteed liability by subrogation for the payment of the principal amount of KRW 468,975,850, interest, 7,464,68, total of KRW 476,440,538, total of KRW 476,440,538, on behalf of the Defendant A.
(2) Meanwhile, penalty under the instant credit guarantee agreement is KRW 170 (=3,024,150 x 2.1% x 1/365 (from November 29, 2018 to November 29, 2018) and the cost of preserving claims is KRW 1,86,190.