사해행위취소
Defendant A and Defendant B jointly and severally filed against the Plaintiff KRW 80,92,101 and KRW 79,334,338 among them. < Amended by Act No. 1592, Dec. 2, 2018>
1. Facts of recognition;
A. On December 21, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A with the term of 91,80,000 won with the principal of the credit guarantee, and with the term of 91,80,000 won until December 19, 2017. On November 28, 2017, the Plaintiff entered into an alteration agreement with Defendant A with the term of 82,450,00 won with the principal of the credit guarantee, with the term of 82,450,00 won with the principal of the credit guarantee, and with the term of 19, 2018.
(hereinafter referred to as the “instant credit guarantee agreement”). Defendant B, as the representative of Defendant A, was jointly and severally guaranteed all the obligations owed by Defendant A to the Plaintiff according to the instant credit guarantee agreement.
On December 21, 2016, Defendant A obtained a loan of KRW 108,00,000 from the Industrial Bank of Korea as security a credit guarantee form under the instant credit guarantee agreement.
B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation began to delay interest on loans to the Industrial Bank of Korea from September 28, 2018, and on October 25, 2018, a guarantee accident occurred due to the suspension of business.
On December 6, 2018, the Industrial Bank of Korea notified the Plaintiff of the occurrence of a guarantee accident, and on December 31, 2018, the Plaintiff subrogated to pay the Plaintiff the total of KRW 79,334,338 ( principal, KRW 78,537,960, interest KRW 796,378) of the principal and interest of the loan in arrears by the Defendant A to the Industrial Bank of Korea.
Under the credit guarantee agreement of this case, the contract penalty under the credit guarantee agreement of this case is KRW 44,970 ( KRW 78,537,960 X 19/100 X 11/365, and KRW 70,860,00). The Plaintiff paid KRW 1,683,653 for the preservation of claims in accordance with the credit guarantee agreement, but appropriated KRW 70,860,00,000, such as the refund of guarantee fees, etc.
The rate of delay damages for the amount of indemnity under the credit guarantee agreement of this case is 10% per annum.
C. The Defendants’ transactional relationship between the Defendants is a company that manufactures and sells automobile parts to the complete tea manufacturers, such as D, and has supplied automobile parts, etc. to Defendant A since 201.
Defendant A from around 2017 to Defendant C due to the aggravation of financial situation.