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1. As to KRW 43,417,00 and KRW 43,248,603 among the Plaintiff, Defendant A shall be from August 19, 2016 to December 24, 2016.
Reasons
1. The assertion;
A. The Plaintiff’s assertion 1) On February 9, 2015, Defendant A entered into a general loan agreement of KRW 50,000 with the Korea Standards Bank Co., Ltd. (hereinafter “Non-Party A”), and the Plaintiff issued to the Non-Party Bank a credit guarantee agreement with the guarantee period of KRW 42,50,000, and the guarantee period of KRW 52,500,000 in relation to the said agreement. In relation to the said agreement, the Plaintiff issued a credit guarantee agreement with the Non-Party bank on February 5, 2016 (the guarantee period of January 11, 2016 was changed to February 3, 2017).
B) In addition, on February 6, 2015, Defendant A agreed to pay the amount of subrogation and the amount of damages in accordance with the interest rate determined by the Plaintiff’s articles of incorporation after the date of subrogation and other expenses incurred in the preservation, transfer, and exercise of the Plaintiff’s rights when the Plaintiff subrogated the Defendant A to the Nonparty Bank. However, on April 30, 2016, Defendant A caused a guarantee accident due to delay in interest, and the Plaintiff paid KRW 43,248,603 to the Nonparty Bank on August 19, 2016. Meanwhile, the Plaintiff paid KRW 168,400 by subrogation and other legal procedures related to the said credit guarantee agreement on subrogation.
Therefore, Defendant A is obligated to pay to the Plaintiff 43,417,03 won (=43,248,603 won) and 43,248,603 won among them, 12% per annum from August 19, 2016 to the delivery date of a copy of the complaint of this case, which is the date of subrogation, and 15% per annum from the following day to the date of full payment.
(2) The plaintiff is entitled to claim the revocation of the fraudulent act. (3) The plaintiff is entitled to claim the revocation of the fraudulent act.
As seen in the above, Defendant A has the claim for indemnity of this case.
B) However, on January 8, 2016, Defendant A and the real estate listed in the separate sheet (hereinafter “instant real estate”) are only the instant real estate.
(i) a donation contract with respect to a gift;