사해행위취소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 17,43,594 and KRW 17,063,626 among them. < Amended by Presidential Decree No. 2821, Jul. 14, 2017>
1. Basic facts
A. On April 8, 2014, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “A”) and issued a credit guarantee agreement with the guarantee principal of KRW 135,00,000 on the same day and the guarantee period until March 31, 2017.
B. Defendant A was loaned KRW 150,000,000 from one bank as security the said credit guarantee statement.
C. Defendant A, the representative director of Defendant A, has jointly and severally guaranteed all obligations under the credit guarantee agreement for the Plaintiff.
Defendant A caused a guarantee accident due to the principal delay on April 1, 2017, and the Plaintiff subrogated for KRW 17,063,626 on July 14, 2017 at the request of one bank.
The plaintiff paid KRW 273,808 as the legal procedure cost for the preservation of the claim for indemnity, and KRW 96,160 as the additional guarantee fee was incurred.
The rate of damages for delay determined by the Plaintiff for subrogation is 12% per annum from July 14, 2017, which is the date of subrogation.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the facts of the determination as to the plaintiff's claim against the defendant A and B, the defendant A and B are jointly and severally liable to pay to the plaintiff 17,43,594 won (17,063,626 won for payment by subrogation and additional guarantee fee of KRW 273,808 for the legal procedure costs of subrogated payment of KRW 17,063,626), and among them, 17,063,626 won for the subrogated payment of KRW 17,626, July 14, 2017, which is the date of subrogation, until November 15, 2017, which is the date of final delivery of a copy of the complaint of this case, the overdue interest rate of the contract of this case, and damages for delay calculated at the rate of 12% per annum 15% per annum as stipulated in the Act on Special Cases concerning the
3. Determination as to the Plaintiff’s claim against Defendant C
A. Facts of recognition 1) Each real estate listed in the separate sheet (hereinafter “each real estate of this case”)
(D) The original D Co., Ltd. (hereinafter referred to as “D”).
On July 13, 2015, upon application of E, which is a right to collateral security, the voluntary auction procedure is to F in Suwon District Court's Eunpyeong Housing Site Board.