사해행위취소
1. As to KRW 20,231,514 and KRW 19,983,684 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from April 25, 2018 to June 29, 2018.
1.The following facts of recognition do not conflict between the Parties:
On March 31, 2015, the Plaintiff entered into a credit guarantee agreement with the Defendant, and issued to the Defendant a letter of credit guarantee with the guarantee number B, the guaranteed amount of KRW 20,000,000, and the term of guarantee on March 31, 2016 (Extension by March 30, 2018).
The above credit guarantee agreement provides that when the Plaintiff performed the guaranteed obligation, all of the incidental obligations, such as the amount subrogated by the Defendant to the Plaintiff, damages after the date of performance, additional guarantee fees calculated by adding a certain percentage of the guarantee fee rate applied at the last application rate from the day following the date of payment of guarantee fee for the amount not terminated to the day before the expiration date of guarantee, and other legal procedure expenses paid by the Plaintiff for delay.
B. The Defendant submitted the credit guarantee certificate to C Co., Ltd. (hereinafter “C”) on the same day and received a loan of KRW 2 million from C.
C. The Defendant delayed the repayment of the principal and interest of the loan, thereby losing the benefit of time, and the Plaintiff repaid the principal and interest of the loan of KRW 19,983,684 to C on April 25, 2018.
The Plaintiff’s agreed damages rate for the amount of subrogation as above shall be 17% per annum from December 30, 1996 to December 1, 2010, 14% per annum from December 2, 2010 to May 31, 2015, 12% per annum from June 1, 2015 to January 31, 2018, and 10% per annum from February 1, 2018, and the guarantee fee to be additionally paid by the Defendant to the Plaintiff is 24,930 won, and the balance of the legal procedure expenses paid by the Plaintiff to the Defendant is 22,90 won.
2. According to the above facts, the defendant shall pay to the plaintiff 20,231,514 won including the above subrogated amount of KRW 19,983,684, additional guarantee fee of KRW 24,930, and the balance of the provisional payment of KRW 222,90, and the above subrogated amount of KRW 19,983,684 as of April 25, 2018, which is the date of subrogation, from April 29, 2018 to June 29, 2018, the agreed interest rate of KRW 10% per annum and the next day.