사해행위취소
Defendant A and B Co., Ltd. jointly and severally for the Plaintiff KRW 419,857,327 and KRW 418,871,019 among them. < Amended by Presidential Decree No. 25789, Oct. 1, 2014>
1. Basic facts
A. A. A. The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) around June 16, 2005, around June 16, 2005.
As between the Defendant Company and the Industrial Bank of Korea (hereinafter referred to as the “Industrial Bank of Korea”).
(i) In entering into a credit transaction agreement from the Service, the credit guarantee agreement (hereinafter referred to as “the credit guarantee agreement”) with the limit of 99,450,000 won (in its subsequent change to KRW 424,00,000) is referred to as the “credit guarantee agreement in this case.”
(2) Defendant B, a representative director of the above Defendant, jointly and severally guaranteed the Defendant Company’s indemnity liability against the Plaintiff that may arise under the instant credit guarantee agreement at the time. (2) The Defendant Company received a loan of KRW 1.177 million from an enterprise bank as collateral for the instant credit guarantee agreement. From August 25, 2014, the Defendant Company delayed the principal and interest of the said loan from the enterprise bank and caused an accident of credit guarantee due to the suspension of current account transaction on September 2, 2014.
3) On October 21, 2014, the Plaintiff repaid the principal and interest of 427,079,769 won to a corporate bank. On the same day, the Plaintiff recovered KRW 8,208,750 from the Defendant Company. Meanwhile, the Plaintiff spent KRW 983,610 as expenses for preserving the claim for indemnity arising from the said subrogation. The agreed delay damages rate of the said subrogation is KRW 12% per annum and KRW 2,698 (2,698) as at October 21, 2014, as at KRW 8,208,750 (hereinafter “instant donation”). Defendant B’s disposal act 1) concluded an order on February 14, 2014 with Defendant C, one-half share of the real estate (hereinafter “real estate 1”) listed in the separate sheet (hereinafter “instant ownership transfer registration”).
2) Defendant B’s real estate indicated in paragraph (2) of the attached Table No. 2, its own possession between Defendant D and Defendant D (hereinafter “second real estate”).
on July 22, 2014.