사해행위취소
1. The plaintiff's lawsuit against the defendant B and D shall be dismissed.
2. Defendant A Co., Ltd. is KRW 17,968,003 for the Plaintiff.
1. Facts of recognition;
A. On August 27, 2012, the Plaintiff entered into a credit guarantee agreement with E and F as joint and several sureties, with the Plaintiff’s deposit of Defendant A, around August 27, 2012. (2) If Defendant A, a joint and several sureties, fails to repay loans, which are the principal obligation of the Plaintiff’s guarantee, within the maturity period (including loss of the maturity period) for the Plaintiff’s bank, and the Plaintiff claims for the performance of the guaranteed obligation from the non-party bank, the Defendant A, E, and F, jointly and severally, shall be paid to the Plaintiff (i) the amount paid by the Plaintiff for the performance of the guaranteed obligation; (ii) the amount paid by the Plaintiff for the performance of the guaranteed obligation; and (iii) the additional guarantee fee from the date following the payment of the guarantee fee for the amount of the terminated credit guarantee to the date following the expiration of the guarantee period; and (iii) all incidental obligations, such as legal procedural expenses, etc. paid by the Plaintiff to exercise or
B. The Plaintiff’s credit guarantee and loan implementation is the above A.
As set forth in paragraph A, Defendant A entered into a credit guarantee agreement and joint and several guarantee agreement with E and F, and issued a credit guarantee agreement with the guaranteed principal of August 27, 2012, which is KRW 50,000,000, and the term of guarantee by individual means of guarantee, August 25, 2017, and Defendant A received a loan by submitting this credit guarantee agreement to the M Bank.
C. On April 28, 2016, Defendant A Co., Ltd. (hereinafter “Defendant A”) caused a guarantee accident by installment repayment delay, and M Bank was unable to repay principal liabilities, such as loans and interest, due to the loss of repayment capacity by Defendant A Co., Ltd., the Plaintiff filed a claim for the performance of the guaranteed obligation with the Plaintiff, and the Plaintiff subrogated for KRW 17,824,753 to the M Bank on July 6, 2016.
The plaintiff of the legal procedural costs is 374,840 won as the legal procedural costs for the enforcement and preservation of the claim for indemnity.