사해행위취소 등
1. As to the share 40,359/74,050 of the 740.5 square meters in Busan Shipping Daegu Co., Ltd.:
A. B and D Co., Ltd.
1. Facts of recognition;
A. The Plaintiff’s credit guarantee and subrogation due to the occurrence of a guarantee accident 1) D Co., Ltd. (hereinafter “D”).
(1) On May 4, 2010, the Plaintiff and the Plaintiff were finally changed from May 4, 201 to May 3, 2011 (the principal of the guarantee was KRW 612,00,000,000, and the period of the guarantee was June 5, 2014).
(i) enter into a credit guarantee agreement (hereinafter referred to as “instant credit guarantee agreement”);
2) The Plaintiff’s credit guarantee certificate was issued by the Plaintiff and the Plaintiff’s credit guarantee certificate was issued to the Bank of Korea (hereinafter “Korea”);
(2) Article 10(1) of the Credit Guarantee Agreement provides that “When the Plaintiff has performed the guaranteed obligation, the principal (D; hereinafter the same shall apply) and the joint guarantor shall reimburse the amount of the guaranteed obligation and the damages for delay calculated at the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation to the date of full payment.” Article 6(1) of the Act provides that “When the Plaintiff has performed the guaranteed obligation without notice or peremptory notice to the principal and the joint guarantor, he/she shall compensate for the amount of the guaranteed obligation and the damages for delay calculated at the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation.”
3) On April 5, 2014, a credit guarantee accident occurred due to D’s delay of principal and interest. Upon the Plaintiff’s request for performance, the Plaintiff concluded a collateral security contract on July 31, 2014 with 619,892,542 won (i.e., principal amount of KRW 612,00,000) on behalf of us bank (i.e., principal amount of KRW 7,892,542) on behalf of us. (ii) D’s disposal of real estate (i.e., disposal of D’s real estate) on behalf of 40,359 shares (hereinafter “the instant real estate”) out of 740.5 square meters in Busan Shipping Daegu-gu, Busan Metropolitan City (hereinafter “the instant real estate”), and on behalf of us, on December 16, 2013.