Text
1. Defendants A and B shall jointly and severally serve as the Plaintiff KRW 98,080,00 and as to KRW 97,375,264 from March 8, 2016 to June 2016.
Reasons
1. As to the claim for indemnity
A. The conclusion of a credit guarantee agreement and the plaintiff's subrogation as stated in the attached Form of the facts of recognition are not disputed between the parties.
B. Determination of Defendant A is the primary debtor of a credit guarantee agreement, and Defendant B is jointly and severally liable to pay to the Plaintiff the amount of KRW 98,080,008 (223 won of the subrogated repayment loss of KRW 97,375,264) and the amount of KRW 97,375,264 of the total amount of KRW 97,375,264 from March 8, 2016, which is the date of subrogation, to June 4, 2016, which is the date of final delivery of the copy of the complaint in this case, the agreed rate of KRW 10% per annum and the amount of delay damages by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
2. As to the revocation of the fraudulent act
A. (1) Whether a fraudulent act is established or not. (1) Defendant A and C are between Nusa and Basa.
(2) From May 2013 to June 30, 2015, Defendant D supplied Defendant A with remote areas, plates, etc., and the amount of goods not paid is KRW 90,742,960.
(3) On July 31, 2015, Defendant A discontinued E, which was operated on July 31, 2015, due to a shortage of funds due to sales depression, etc.
(4) Defendant A completed the registration of transfer of ownership to Defendant C on November 3, 2015 with respect to the real estate indicated in attached Form 1 (hereinafter “real estate No. 1”) as the receipt No. 17592 on November 3, 2015, for the reason of sale on November 3, 2015.
(5) Defendant A completed the registration of ownership transfer on November 3, 2015 with respect to the real estate in attached Form 2 (hereinafter “instant real estate”) indicated by Defendant C on November 3, 2015.
(6) Defendant A completed the registration of transfer of ownership on November 11, 2015 due to the sale on November 10, 2015, with respect to the real estate indicated in attached Form 3 (hereinafter “instant third real estate”) to Defendant D (hereinafter “instant third real estate”).
(7) Defendant A is not more than the real estate indicated in attached Form 4 to Defendant D.