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1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 683,165,986 and KRW 341,526,180 among them, respectively.
Reasons
1. Basic facts
(a) The occurrence of claims for indemnity;
(1) When Defendant A (hereinafter “A”) entered into a credit guarantee agreement with the Plaintiff in order to guarantee the payment of the loan obligation in a financial institution, Defendant A (hereinafter “A”) agreed to pay the Plaintiff the amount of subrogation and the damages for delay calculated by the rate of overdue interest as determined by the Plaintiff from the date of vicarious payment to the date of full payment. Defendant B, the representative director, jointly and severally guaranteed all the obligations under the credit guarantee agreement.
On April 8, 2013, the term of credit guarantee principal of the loan extended by the financial institution granting loan to Daegu Bank 4340,000,000,000 won on April 7, 2014, April 24, 2013, the Industrial Bank of Korea 40,000,000 won on April 23, 2014. However, on March 26, 2014 (credit Guarantee 2) and April 8, 2014 (credit Guarantee 1), the occurrence of a guarantee accident, which, under a credit guarantee contract, loses the benefit of the loan due to delay in contact details or in repayment of principal and interest, the Plaintiff subrogated the Industrial Bank of Daegu Bank 341,526,180,22,200 won on April 18, 2014.
In addition, the penalty for attempted penalty under the credit guarantee agreement that occurred due to Defendant A’s failure to perform the loan obligation within the term of guarantee is KRW 223,550, and the overdue interest rate determined by the Plaintiff is 12% per annum.
B. As to the fraudulent act
(1) On January 27, 2014, Defendant B, at the time, sold to Defendant C the real estate listed in the separate sheet (hereinafter “instant apartment”) to KRW 350 million (hereinafter “instant sales contract”) and issued the ownership transfer registration on January 28, 2014.
d. On January 28, 2014, Defendant C cancelled the registration of creation of a neighboring mortgage of KRW 240,1200,000 for the title of the Seogu Agricultural Cooperative in the title of the instant apartment on January 28, 2014, and registered the creation of a neighboring mortgage of KRW 364,000,000 to the Southern Saemaul Bank.