사해행위취소
1. As to KRW 40,562,540 and KRW 39,767,980 among the above money and KRW 39,767,980, Defendant A and B jointly and severally with the Plaintiff, from July 15, 2016 to July 2016.
1. Basic facts
A. On April 15, 2014, the Plaintiff entered into a credit guarantee agreement and subrogated for a credit guarantee agreement with Defendant A on April 15, 2014 (hereinafter “instant credit guarantee agreement”) with a credit guarantee agreement with the term of the credit guarantee principal of KRW 40 million and the term of the credit guarantee agreement as of April 14, 2015 (hereinafter “instant credit guarantee agreement”).
(2) Defendant B entered into a credit guarantee agreement of this case against the Plaintiff, and Defendant A jointly and severally guaranteed the obligation under the credit guarantee agreement of this case. (2) Defendant A obtained a loan of KRW 39 million from the National Bank of Korea on the same day as the credit guarantee certificate issued by the Plaintiff.
3) According to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A decided to reimburse the Plaintiff for the amount of the performance of the guaranteed obligation and the amount of the performance of the guaranteed obligation, as calculated by the Plaintiff’s calculation method (12% per annum from July 1, 2013 to the date of repayment) pursuant to the Plaintiff’s calculation method (12% per annum from July 1, 2013), additional guarantee fee, the Plaintiff’s execution and preservation of the claim, exercise of the claim, and the costs required for legal procedures. 4) On April 8, 2015, the Plaintiff changed the guarantee period to April 14, 2016.
5) On February 16, 2016, Defendant A delayed interest on the above loan and caused a credit guarantee accident. Under the credit guarantee agreement of this case, the Plaintiff subrogated the principal amount of the loan of KRW 39,767,980 to the National Bank of Korea on July 15, 2016 (i.e., the principal amount of KRW 39,00,000,000) (i.e., the principal amount of KRW 797,980), and the unpaid additional guarantee fee is KRW 194,460, and the expenses incurred in legal proceedings are KRW 60,100. (ii) On February 19, 2016, Defendant A and Defendant C agreed to set off each real estate listed in the separate list (hereinafter “each real estate of this case”) between Defendant C and the sales proceeds of KRW 650,000,000,000 against Defendant C’s loan of KRW 500,500,000 against Defendant C.
The case is the contract under which the sale is made.