사해행위취소
1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 542,820,430, and KRW 542,820,144, as to the Plaintiff’s KRW 542,820,430.
1. Basic facts
A. The Plaintiff entering into a credit guarantee agreement and a loan agreement is a non-profit special corporation established for the purpose of contributing to the development of the national economy by facilitating the financing of the company by guaranteeing the debt of the company which lacks security capability.
Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company established for the purpose of manufacturing, distributing, and selling household goods, and Defendant B is an internal director of the Defendant Company.
On August 30, 2016, the Plaintiff entered into a credit guarantee agreement and a credit guarantee agreement between the Defendant Company and the guaranteed amount of KRW 240,00,000,000 as of August 29, 2017, and the guaranteed amount of KRW 240,00,000 as of August 29, 2017 (hereinafter “the instant credit guarantee agreement”), respectively, and the Defendant B jointly and severally guaranteed the repayment obligation under the instant credit guarantee agreement of the Defendant Company.
Under the instant credit guarantee agreement, the agreed interest rate on delay damages was agreed to be set in consideration of the interest rate on overdue loans of financial institutions within the scope prescribed by the law. The Plaintiff set the agreed interest rate on delay damages from February 1, 2016 as 10% per annum.
The Plaintiff issued each credit guarantee form to the Defendant Company in accordance with the instant credit guarantee agreement, and the Defendant Company provided each of the above credit guarantee certificates as security and borrowed loans from D Co., Ltd. (hereinafter “D Bank”).
B. The occurrence of a credit accident and the Plaintiff’s subrogation company lost the benefit of time due to delinquency in paying the principal and interest of loans to the D Bank from January 13, 2017. On May 23, 2017, the Plaintiff repaid the principal and interest of loans to D Bank on behalf of the Defendant Company in subrogation of the Defendant Company, and thereafter, paid KRW 1,046,980 to the Defendant Company, and the amount of KRW 286 was paid by the Defendant Company.
C. Defendant B, on January 10, 2017, entered in the separate sheet between Defendant B and Defendant C, is below the real estate listed in the separate sheet.