구상금 및 사해행위 취소의 소
1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 224,891,347, and KRW 213,940,365, among them, shall be jointly and severally filed against the Plaintiff.
1. Facts of recognition;
A. Credit guarantee agreement and joint and several sureties 1) The Plaintiff Company A (hereinafter “Defendant Company”).
B) The Defendant Company entered into an agreement on credit guarantee with respect to the obligation to obtain a loan from a national bank or an enterprise bank as follows: ① On September 21, 201, the lending bank entered into a credit guarantee agreement with the national bank, the guaranteed amount of KRW 11,20,000, and the term of guarantee as of September 17, 2015 (hereinafter “instant credit guarantee agreement”).
(2) On June 26, 2014, a credit guarantee agreement stipulated as of June 25, 2015 (hereinafter “instant credit guarantee agreement”) between a company bank and a guaranteed amount of KRW 212,50,000, and the due date for guarantee (hereinafter “instant credit guarantee agreement”).
(2) The Defendant Company secured each credit guarantee instrument issued by the Plaintiff based on each credit guarantee agreement of the instant case, and received loans from the Defendant Company based on the credit guarantee agreement of the instant case in KRW 14,00,000 from the National Bank, and KRW 250,000,000 from the Enterprise Bank based on the credit guarantee agreement of the instant case.
3) According to each credit guarantee agreement of this case, when the defendant company is unable to repay its loan obligations, the defendant company shall pay to the plaintiff the amount of subrogation and the damages for delay calculated at the rate determined by the plaintiff (12%) from the date of subrogation to the date of full payment, and the expenses and penalty paid by the plaintiff in order to enforce or preserve the rights. 4) At the time of each credit guarantee agreement of this case, the defendant B guaranteed all the obligations that the defendant company owes to the plaintiff under each credit guarantee agreement of this case.
B. On April 1, 2015, the Defendant Company, a substitute payment, lost the benefit of time for each of the above loans.
On April 23, 2015, the Plaintiff: (a) based on the instant credit guarantee agreement, KRW 213,940,365, and KRW 10,265,068, based on the credit guarantee agreement on July 9, 2015, the sum of KRW 224,205,43 to a national bank.