사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1, 2, and 3 and the whole purport of the pleadings.
The Plaintiff entered into a credit transaction agreement with C (hereinafter “C”) with each of the following terms and conditions as stated in the credit transaction agreement sheet (hereinafter “each of the instant credit transaction agreements”). The Plaintiff offered loans to C for a total of KRW 2.7 billions of each of the loans listed in the table (hereinafter “each of the above loans”) three times, depending on the order of priority in the table, when each of the above loans has been individually set up, and all of them have been set up.
[Attachment of the Terms and Conditions of Credit Agreement] The loan amount of KRW 1500,000,000 for corporate ordinary capital loans of KRW 650,000,000 on August 5, 2009 on August 5, 2012, 2000 for the loans of KRW 2300,000,000 for corporate ordinary capital loans of KRW 2300,000,000 on November 26, 2012, the loan amount of KRW 31,90,000,000 for corporate ordinary capital loans of KRW 270,000 on November 26, 2012
B. B was the representative director of C at the time of each credit transaction agreement of this case, and entered into a joint and several guarantee agreement with C as to the obligation to repay the principal and interest of each of the instant loans to the Plaintiff within the scope of each amount indicated in the column for the limit of collateral guarantee in the table of credit transaction agreement (hereinafter “joint and several guarantee agreement of this case”).
C. C Only pays the principal and interest of each of the instant loans until December 27, 2012, and did not repay the remainder of the principal and interest.
As a result, C’s amount of principal and interest obligation of each of the instant loans to the Plaintiff is KRW 1,936,032,914 as indicated below as of May 26, 2014.
【The debt details table】 The interest on the outstanding principal from December 27, 2012 until December 27, 2012 shall be from the amount of loans indicated in the net loan.