사해행위취소
1. As to Defendant A and B’s joint and several liability for KRW 27,329,731 and KRW 27,329,724 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on February 20, 2018.
1. Basic facts
A. On September 29, 2017, upon the request of Defendant A Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff entered into a credit guarantee agreement with the effect that the guaranteed principal is KRW 27,00,000, and the term of guarantee is set as individual guarantee, and the Defendant Co., Ltd is guaranteed with respect to the obligation to be borne by the loan that the Defendant Co., Ltd. will receive from D (hereinafter “D”) (hereinafter “the instant credit guarantee agreement”). On the same day, Defendant B jointly and severally guaranteed all the obligation to be borne by the Defendant Co., Ltd. in accordance with the said credit guarantee agreement.
According to the instant credit guarantee agreement, if the Defendant Company failed to repay the loan to D, and the Plaintiff performed the guaranteed obligation, the Defendant Company determined that the Plaintiff shall pay the amount of subrogation paid by the Plaintiff to the Plaintiff for the discharge of the guaranteed obligation, and damages for delay at the rate of delay as determined by the Plaintiff from the date of subrogation to the date of full payment.
B. Under the instant credit guarantee agreement, the Defendant Company submitted to D a credit guarantee statement that was issued by the Plaintiff pursuant to the said credit guarantee agreement, and received a loan of KRW 30,000,000 from D on September 29, 2017. On November 30, 2017, the occurrence of a credit guarantee accident as stipulated in the said credit guarantee agreement was occurred due to overdue payment of interest on a loan.
D claimed the performance of the guaranteed obligation to the Plaintiff. On February 20, 2018, the Plaintiff paid KRW 27,355,867 to D and performed the guaranteed obligation, and collected KRW 26,143 on the same day.
C. The agreed interest rate on the amount of subrogation is 10% per annum from the date of subrogation to the date of full payment, and damages for delay from the date of subrogation on the amount of subrogation to the date of recovery shall be 7 won (26,143 x 10% x 10% x 1/365 x less than won).
On November 30, 2017, Defendant Company sold to Defendant C real estate in attached Form (hereinafter “instant real estate”) at KRW 185 million.