사해행위취소
1. Each of the real estates listed in paragraphs (1) through (6) of the attached Table 1, between Defendant A Co. and H, shall be one half of the shares.
1. Basic facts
A. On November 12, 2014, the Plaintiff and I Co., Ltd. (hereinafter “I”) are the Plaintiff’s credit guarantee agreement 1) that the Plaintiff is an I Co., Ltd. (hereinafter “I”).
between the Nonparty Company and the JB Co., Ltd. (hereinafter “JB bank”).
(C) A credit guarantee agreement was concluded on November 11, 2015 (hereinafter “instant credit guarantee agreement”) with regard to the principal and interest of the loan to be borne by the Defendant, setting the term of the credit guarantee principal as KRW 264 million and the term of the credit guarantee (hereinafter “instant credit guarantee agreement”).
) On the same day, H, the representative director of the non-party company, together with K, has jointly and severally guaranteed the obligation of indemnity to be borne by the non-party company against the plaintiff in accordance with the above credit guarantee agreement, and thereafter, the period of guarantee under the above credit guarantee agreement was extended on May 20, 2016. 2) On November 14, 2014, the non-party company submitted a credit guarantee certificate issued by the plaintiff under the credit guarantee agreement of this case and received a loan of KRW 330 million from J bank (hereinafter “the loan of this case”) on November 27, 2015, and thereafter, the period of repayment of the loan was extended on May 20, 2016.
B. In the event of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation, on June 17, 2016, the J bank notified the Plaintiff that “the Nonparty Company delayed payment of the principal of the loan on May 17, 2016, and caused a guaranteed accident.” On August 16, 2016, the Plaintiff subrogated the J Bank to pay a total of KRW 267,917,586 under the Credit Guarantee Agreement (i.e., the principal amount of KRW 264 million) on behalf of the J Bank (i.e., KRW 3,917,586) pursuant to the amount of KRW 267,917,586, Aug. 16, 2016.
C. On August 17, 2016, the Plaintiff filed an order for payment with Nonparty Company, H and K, and the final and conclusive Plaintiff filed an application with Nonparty Company, H and K for a payment order seeking reimbursement of KRW 270,521,416, total amount of reimbursement, etc. according to the credit guarantee agreement of this case under the Seoul Central District Court Decision 2016 tea303425, and its delay damages. On August 31, 2016, the said court filed an application with the Plaintiff for the payment order upon the Plaintiff’s request. H on August 31, 2016, 270,521.