사해행위취소
1. The Plaintiff:
A. Defendant A, B, C, D, and E are jointly and severally 342,239,976 won and 342,239.
(D) Article 365 of the former Act provides that “If the amount of damages for delay determined from November 24, 201, which was the date of the said subrogation, to the date of appropriation, is calculated based on the Plaintiff’s rate of damages for delay, the amount of damages for delay shall be KRW 233 [Article 33,80 x 0.15 x 0.15 x 1/365 (one day from November 24, 201, which is the date of repayment by subrogation to the same date as the date of appropriation] [Article 18,040 x 0 x 0.15 x 13/365 (one day from November 24, 201, which is the date of payment by subrogation to December 6, 2011)];
(1) On May 23, 2008, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and Defendant D with a credit guarantee agreement between the Plaintiff and Defendant D (hereinafter “the second credit guarantee agreement of this case”) providing a credit guarantee agreement between Defendant D and a financial institution to guarantee the fulfillment of a loan obligation to be borne by Defendant D, as set out in the following table:
Defendant A, B, and F jointly and severally guaranteed the obligation that Defendant D owes to the Plaintiff under the above credit guarantee agreement. The credit guarantee principal on the date of the agreement was reduced to KRW 100,00,000 on May 23, 2008 * The principal of the credit guarantee principal was reduced to KRW 96,00,000,000 thereafter. Until May 22, 2009 * The guarantee period was extended until November 18, 2011 * Defendant Woori Bank 2) obtained the credit guarantee certificate issued under the above secondary credit guarantee agreement as collateral from Defendant Woori Bank’s ordinary corporate working capital.
3) According to the above credit guarantee agreement, where the Plaintiff performed the guaranteed obligation under the credit guarantee agreement, Defendant D is 15% per annum as determined by the Plaintiff within the limit of 25% per annum as stipulated by the Credit Guarantee Fund Act from January 1, 1999 to May 31, 2005 (18% per annum as from June 1, 2005 to June 1, 2005).
(ii) damages for delay, penalty (the rate of guarantee fees applied to the calculation of penalty) calculated by the penalty shall be 2.3% per annum.
(4) Defendant D paid expenses for the performance of the guaranteed obligation, the preservation of claims, etc.