사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. Facts of recognition;
A. The Plaintiff Co., Ltd. (hereinafter “C”) concluded a credit guarantee agreement and created the claim for reimbursement
(1) On April 8, 2013, the credit guarantee agreement between the credit guarantee principal and KRW 45 million, the credit guarantee period from April 8, 2013 to April 6, 2018, the credit guarantee agreement between April 8, 2014 and the credit guarantee agreement between April 8, 2014 and April 6, 2018, the credit guarantee agreement between April 23, 2014 and April 23, 2014, the credit guarantee agreement between the credit guarantee principal and KRW 95 million, the credit guarantee period from April 23, 2014 to April 22, 2019 (hereinafter referred to as the “credit guarantee agreement in this case”).
(2) At the time, C as the representative director of C at the time, C guaranteed all the obligations owed by C to the Plaintiff pursuant to the above credit guarantee agreement. < Amended by Presidential Decree No. 17517, Feb. 1, 2008>
3) From February 28, 2015, C delayed payment of interest on the above loans to the Industrial Bank of Korea, thereby losing profits arising from the above loans, and eventually, occurrence of a guarantee accident that prevents repayment of the principal and interest of the loans. 4) The Plaintiff subrogated to the Industrial Bank of Korea for KRW 303,846,772, total sum of the principal and interest of C in accordance with the instant credit guarantee agreement on July 10, 2015.
The rate of damages determined by the plaintiff for subrogation is 12% per annum.
The legal procedure cost of the Plaintiff paid on behalf of the Plaintiff in order to secure the claim for reimbursement against C and A is KRW 1,632,132, and the penalty to be paid by C and A is KRW 824,750, and the unpaid guarantee fee is KRW 195,800, and the overdue guarantee fee is KRW 1,060.
B. On March 11, 2015, A’s real estate disposition circumstances indicated in A’s attached list 1) A shall be based on the real estate indicated in the attached list (hereinafter “instant apartment”).
B Sale price of KRW 160 million shall be sold in the purchase price of KRW 100 million, but the obligation to refund the deposit to the present tenant of the apartment of this case shall be 130 million.