구상금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The scope of this court’s trial at the first instance court, the Plaintiff sought the revocation of each fraudulent act and restitution to its original state, etc., by making the payment of each indemnity against the Defendant C Co., Ltd. and the Defendant C Co., Ltd. as the preserved right.
Therefore, the court of first instance accepted part of the claims against the co-defendant A and the stock company B, but all of the claims against the defendant C and D were dismissed.
Meanwhile, the Plaintiff appealed only to Defendant C Co., Ltd and D, and the scope of the judgment of this court is limited to each claim against the said Defendants.
2. Basic facts
A. The Plaintiff’s claim for reimbursement against A 1) Joint Defendant A in the first instance trial (hereinafter “A”).
on November 2008, the credit guarantee agreement between the Plaintiff and the credit guarantee principal amounting to KRW 297,00,000 (hereinafter “the first credit guarantee agreement of this case”).
(2) According to the first credit guarantee agreement of this case, A agreed to pay damages, Plaintiff’s right preservation, transfer and exercise expenses, penalty, etc. calculated at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment of the guaranteed obligation when the Plaintiff performed the guaranteed obligation due to violation of the principal obligation obligation or aggravation of credit standing.
The interest rate on damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the present.
3) However, on July 16, 2013, A caused a credit guarantee accident that causes a loss of the benefit arising from a breach of the duty to perform the principal obligation of a natural body, etc. The Plaintiff subrogated for KRW 239,837,632 of the remaining principal of the loan at the Industrial Bank of Korea on August 20, 2013, totaling KRW 237,600,000, interest KRW 237,632, and interest KRW 239,837,632. The Plaintiff thereafter recovered KRW 1,04,240 from August 20, 2013 to September 24, 2013 to appropriated the principal of the claim for reimbursement, and the remainder of subrogation is 238,83,392 (=).