사해행위취소
1. The defendant shall pay to the plaintiff KRW 110,480,220 as well as to the day of full payment from the day following the day when this judgment becomes final and conclusive to the day of full payment.
1. Basic facts
A. The Plaintiff’s Intervenor’s principal and interest interest claim 1) The Plaintiff’s Intervenor was an institution established to efficiently promote projects for the promotion of small and medium enterprises, and the Plaintiff’s Intervenor on February 15, 2012 C Co., Ltd. (hereinafter “C”).
B) The loan amounting to KRW 20 million, interest rate of KRW 3.28% per annum (12% per annum), and principal shall be repaid in equal installments on the repayment date every one-month basis according to the repayment date table of repayment of principal and interest every one-year period after a one-year grace period, and interest shall be paid on the repayment date each month, and if interest, etc. is not paid on the repayment date, the loan was made to C with a loan agreement under which compensation for delay shall be paid (hereinafter “instant loan 1”).
(2) On April 12, 2012, A, the representative director of C of the same day, guaranteed C’s above principal and interest obligation of C of the Plaintiff within the limit of KRW 240 million. (2) On April 12, 2012, the Plaintiff’s Intervenor entered into a loan agreement with C of which the amount of loan KRW 500 million per annum (1.57% per annum) and interest rate (12% per annum) and the principal amount shall be repaid in equal installments on the repayment date every three years after the date of repayment of principal and interest, and the interest shall be paid on the repayment date every three years after two years, and the interest shall be paid on the repayment date, and if the interest is not paid on the payment date, the amount to be paid on the repayment date was lent to C (hereinafter “the second loan”). On the same day, A of the same day, C of the said principal and interest obligation of the Plaintiff, joint and several surety
3) After having repaid the principal and interest of loans until July 15, 2014, C was unable to repay the principal and interest of loans from August 12, 2014. Accordingly, Article 6(1)6 of the Standard Terms and Conditions of Loan Agreement of this case (where a debtor becomes liable to repay debts before maturity ① Any of the following causes arises, the debtor is naturally liable to the creditor without urging and notification from the Plaintiff’s Intervenor: