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1. As to the Plaintiff’s joint and several KRW 462,266,720 and KRW 457,962,192, Defendant A, C, D, and E, the Plaintiff’s share of KRW 462,26,720.
Reasons
1. Judgment on the claim for indemnity (the preserved claim for revocation of fraudulent act)
A. Facts of recognition 1) Defendant A Co., Ltd. (hereinafter “A”).
On March 11, 2009, the term of guarantee was changed to September 4, 2015, between the Plaintiff and the Plaintiff by March 11, 2009, KRW 500,000 of the guaranteed principal and KRW 450,000 of the guaranteed principal, and the term of guarantee was changed to September 4, 2015.
After concluding the contract, the Plaintiff was issued a credit guarantee under the credit guarantee agreement of this case, and on March 16, 2009, borrowed KRW 500,000,000 from the Industrial Bank of Korea with the said credit guarantee agreement as collateral. (2) At the time of entering into the credit guarantee agreement of this case, Defendant B, C, D, and E jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff.
3) The main contents of the credit guarantee agreement of this case are 12% per annum from December 1, 2012 to the date of full payment (the delay damages rate is 12% per annum from December 1, 2012) calculated by the rate determined by the Plaintiff from the amount subrogated by the Plaintiff to the Plaintiff when the Plaintiff performed the guaranteed obligation.
(4) Defendant A did not pay interest on the loan on July 9, 2015, which was calculated by adding 0.5% to the annual rate of 0.5% as determined by the Plaintiff from the day following the payment of the guarantee fee to the day immediately preceding the extinguishment of the guaranteed obligation, to the legal procedure expenses incurred by the Plaintiff for preserving the principal of the loan, and the additional guarantee fee, etc. for the terminated guaranteed obligation. Inasmuch as a credit guarantee accident occurred until September 4, 2015, which was in arrears until the repayment of the principal of the loan, the Bank filed a claim against the Plaintiff for the performance of the guaranteed obligation, and on November 27, 2015, the Plaintiff paid to the Bank the principal amount of the loan amount of KRW 457,962,192 (=the guaranteed principal amount of KRW 450,000,000 interest, KRW 7,962,192).
5 The plaintiff acquired by subrogation.