사해행위취소
1. Defendants A, B, and C are jointly and severally liable to the Plaintiff for KRW 159,63,147 and KRW 55,058,968 among them. < Amended by Presidential Decree No. 22603, Feb. 2, 2011>
1. Basic facts
A. (1) On October 30, 2008, Defendant A concluded a credit guarantee agreement between the Plaintiff and the Industrial Bank of Korea on October 30, 2008, extended the guarantee amount to KRW 54,000,000, and the guarantee period to October 29, 2009 (this later extended to October 29, 2010).
(i) a credit guarantee agreement (hereinafter referred to as “1 credit guarantee agreement”)
(1) The Bank of Korea established a loan of KRW 60,000,000 (hereinafter referred to as “first loan”) on the same day.
Defendant B and Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”).
(2) On October 29, 2009, the Defendant Company concluded a credit guarantee agreement between the Plaintiff and the Industrial Bank of Korea on October 28, 2010 (hereinafter “the Second Credit Guarantee Agreement”) with respect to all obligations under the First Credit Guarantee Agreement against the Plaintiff. On the same day, the Defendant Company received a loan of KRW 110,000,000 from the Industrial Bank of Korea (hereinafter “Second Credit Guarantee Agreement”), and the Defendant and B jointly and severally guaranteed all obligations under the Second Credit Guarantee Agreement against the Plaintiff.
3) According to each credit guarantee agreement, when the Plaintiff performs the guaranteed obligation, the credit guarantee agreement shall pay to the Plaintiff damages for delay, claims preservation expenses, and penalty at the interest rate (15% per annum) set by the Plaintiff after the payment date. (B) The Industrial Bank of Korea requested the Plaintiff to discharge the guaranteed obligation pursuant to the Credit Guarantee Agreement on January 31, 201 as the Defendant A lost its interest on the first loan in arrears on October 29, 201, and accordingly, on February 9, 201, the Plaintiff subrogated the Industrial Bank of Korea to pay KRW 55,058,968 on behalf of the Plaintiff.
2. On October 28, 2010, the Industrial Bank of Korea filed a claim with the Plaintiff for the performance of the guaranteed obligation pursuant to the Credit Guarantee Agreement on February 10, 201, as the Defendant Company lost the interest on the loans No. 2010, Oct. 28, 201, and accordingly, the Plaintiff filed a claim with the Industrial Bank of Korea for the performance of the guaranteed obligation on February 25, 201.