사해행위취소
1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.
Between E and the defendant, corporation E.
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with E Co., Ltd. (hereinafter “E”) to provide credit guarantee for each obligation of loans to the new bank of E as set forth below.
Afterwards, the amount of security deposit No. 1 567,00,000 won, the amount of security deposit No. 2 153,000 won, the amount of security deposit No. 3 has been reduced to 137,700,000 won, and the amount of security deposit No. 137,700,000 won, respectively. The period of security deposit No. 1 was extended until May 12, 2017, and each guarantee No. 2 and 3 extended to October 14, 2016.
The term “guarantee No. 153,00,000 won” (hereinafter referred to as the “Guarantee No. 153,000,000 won”) from October 17, 2017, 201, October 17, 2017, 201, when the term of guarantee for the guaranteed amount expires, shall be October 17, 201, when the term of guarantee for the guaranteed amount was 630,000,000 won. < Amended by Presidential Decree No. 23293, Oct. 17, 2011; Presidential Decree No. 24283, Oct. 17, 2012>
At the time of the instant credit guarantee agreement, the Plaintiff and E agreed to pay to the Plaintiff all incidental expenses, such as the Plaintiff’s subrogation payment, damages for delay after the date of subrogation, and other legal procedure expenses paid by the Plaintiff.
C. E received each loan from a new bank after obtaining a credit guarantee certificate from the Plaintiff around the date of each credit guarantee agreement in accordance with the instant credit guarantee agreement.
After that, on June 1, 2016, E lost the benefit due to the repayment of loans to the new bank.
Accordingly, according to the credit guarantee agreement in this case, the Plaintiff paid part of the amount of each loan to E in subrogation for each new bank. The amount of 1 F. 70,000,000,000 on May 19, 201, F. 19,000 on the date of payment for the loan by the date of payment for the loan by the serial number loan, KRW 567,360,649 on June 30, 201, G 200,000 on October 17, 2011, KRW 150,971,914, KRW 3H 180,00,000 on June 30, 201, KRW 137,80363,613, and each of the above loans and subrogated payment by the Plaintiff are as follows. < Amended by Presidential Decree No. 23280, Jun. 30, 2016>
The repayment amount of E on the date of repayment by the No. E is F.