사해행위취소
1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 848,619,856 and KRW 848,528,926.
1. Basic facts
A. The Plaintiff entered into a credit guarantee contract of this case with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”). After entering into a credit guarantee contract with the following contents (hereinafter “the instant credit guarantee contract”), the Plaintiff guaranteed Defendant Co., Ltd.’s obligation of loans by issuing a credit guarantee certificate.
When the Plaintiff fulfilled the guaranteed obligation to the creditor of the Defendant Company in accordance with the above credit guarantee contract, the Defendant Company agreed to pay the amount, damages for delay in accordance with the interest rate (12%) set by the Plaintiff, expenses required for the performance of the guaranteed obligation.
On the other hand, Defendant C and Defendant B, the representative director of Defendant B and Defendant B, were jointly and severally and severally guaranteed the obligation of indemnity to be borne by the Defendant Company to the Plaintiff according to the above credit guarantee contract.
On June 9, 2006, June 2007, 2007, the date of preparation of KRW 80,000,000,000 for guarantee guarantee contract of Article 23 guarantee contract of the 23 guaranty contract of the 20 guaranty contract of the 20 guaranty contract of the 200 guaranty contract of the 200,000,000,000,000,000, which was June 16, 2007, June 16, 2007 (long-term) for guarantee period of February 16, 2015 (up January 16, 2015), February 3, 2014 (up to 58,00,00, B00,000, B00,000, 000, 000, 300, 300, 300, 300, 3015).
B. A credit guarantee accident occurred on September 12, 2014, and the Plaintiff paid 848,528,926 won to an enterprise bank on December 5, 2014, the principal and interest of the loan, and the amount of KRW 81,493,238 on December 12, 2014.
In addition, the plaintiff from June 17, 2014 to the same year.
8. up to June, 200, 2,594,260 won has been disbursed for the recovery of the above subrogated amount, and 2,503,330 won has been recovered and 90,930 won has been paid by subrogation to the Defendant Company.
C. Defendant D’s disposal act of each of the instant real property is the same.