사해행위취소 등
1. The defendant,
A. From January 30, 2016, Plaintiff Grand Energy Co., Ltd., 226,963,195 won and its amount.
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3 as to the claim against the defendant by the plaintiff Dae-Energy Co., Ltd., the plaintiff Dae-Energy Co., Ltd. entered into a petroleum products supply contract with the non-party D Co., Ltd. on December 1, 2014, and the defendant jointly and severally guaranteed the obligation to pay petroleum products, and the amount for which the plaintiff Co., Ltd was not supplied with petroleum from the Dae-Energy Co., Ltd. as of June 30, 2015 is recognized as constituting 226,963,195.
Therefore, as a joint and several surety, the Defendant is obligated to pay the Plaintiff Dae-Energy Co., Ltd. the unpaid petroleum products price and damages for delay at the rate of 15% per annum from January 30, 2006 to the date of full payment, as the Plaintiff seeks.
2. Comprehensively taking account of the overall purport of the pleadings as to Plaintiff A’s claim against the Defendant, the Defendant issued to Plaintiff A a copy of the Seoul Special Metropolitan City, the place of payment, the Industrial Bank of Korea, the Bank of Korea, and the Promissory Notes A, respectively, on September 22, 2015, both the payment place and the issue place on June 20, 2015, including the date of issuance KRW 88,000,000,000, and the payment place and issue place on September 22, 2015, and the Plaintiff A presented the said Promissory Notes at the payment place, which is within the time limit for offering the payment.
Therefore, the Defendant is obligated to pay Plaintiff A interest and delay damages at the rate of 88,000,000 per annum from September 23, 2015 to January 29, 2016, which is the day following the due date of the payment of the said Promissory Notes, with 6% per annum as stipulated by the Bills of Exchange and Promissory Notes Act, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. In full view of the purport of the entire pleadings as to Plaintiff B’s claim against the Defendant, the Defendant’s issuance date to Plaintiff B on November 3, 2014, taking into account the description and form of Plaintiff B’s evidence No. 5.