사해행위취소
1. As to Defendant A and B’s joint and several liability for KRW 55,242,773 and KRW 551,947,302 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on November 18, 2015.
1. Basic facts
A. When Defendant A Co., Ltd. (hereinafter “Defendant A”) receives a loan from our bank (hereinafter “Korea bank”), it requested the Plaintiff to provide a credit guarantee to secure the repayment of the principal and interest of loan, and the Plaintiff entered into a credit guarantee agreement with the Defendant company and issued a credit guarantee agreement as follows.
1) On July 26, 2012, the Plaintiff and the Defendant Company concluded a credit guarantee agreement between July 26, 2012 and July 24, 202 with the guarantee principal, which covers KRW 1,080,000,000, out of the amount loaned by the Defendant Company from our bank (hereinafter “the primary guarantee”).
(2) On December 10, 2013, the Plaintiff and the Defendant Company concluded a credit guarantee agreement between December 10, 2013 and December 9, 2014, with the guarantee principal of KRW 160,000,000, out of the amount loaned by the Defendant Company from our bank.
After November 24, 2014, the principal of the surety was KRW 156,00,000 for the guaranteed principal, and the respective conditions of the surety were modified until December 9, 2015.
(hereinafter “Secondary Guarantee”) The Defendant Company paid damages at an interest rate as determined by the Plaintiff when the Plaintiff performed the guaranteed obligation upon the said credit guarantee agreement, and paid expenses incurred in the execution, preservation, exercise, and legal procedures of the claim under the said credit guarantee agreement that the Plaintiff paid instead of the Plaintiff and damages for delay.
In addition, the defendant company agreed to pay the guarantee fee, administrative fine, and penalty to the plaintiff according to the rate, calculation method, and collection period set by the plaintiff. The pertinent guarantee fee of the first guarantee is 1.7%, and the guarantee fee in arrears is the amount calculated by multiplying the guarantee fee by 10% per annum from the day after the date when the guarantor is liable to pay the unpaid guarantee fee if the guarantor fails to pay the guarantee fee within the payment period.