사해행위취소
The plaintiff's claim against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff’s claim for reimbursement against E and C is 1) The Plaintiff’s claim for reimbursement against E and C around December 8, 2010 (hereinafter “E”).
(i) A credit guarantee agreement between the F Bank and (i) a credit guarantee agreement setting forth a guarantee amount of KRW 270,000,000,000 (hereinafter referred to as “first guarantee”) by December 7, 2018, in obtaining a loan of KRW 300,000 from the F Bank.
(2) A credit guarantee agreement setting forth the guaranteed amount as KRW 45,00,000 (hereinafter referred to as “second guarantee”) by December 7, 2011 in obtaining a loan of KRW 50,000 from the F Bank.
(3) Around June 30, 2017, the Plaintiff entered into a credit guarantee agreement between E and the Industrial Bank of Korea (hereinafter “third guarantee agreement”) with a credit guarantee amount of KRW 15,00,000,000, which is set at KRW 14,250,000 for the credit guarantee period until June 29, 2018.
The term of guarantee of the first, second, and third guarantees has been extended until June 28, 2019. The term of guarantee of the first, second, and third guarantees has been extended by June 28, 2019. C, the representative director of the E, was jointly and severally guaranteed by E as to the obligation of indemnity to be borne by the Plaintiff (hereinafter collectively referred to as “the instant credit guarantee agreement”).
2) According to the credit guarantee agreement of this case, in the event that the Plaintiff fulfilled the guaranteed obligation, E and C shall pay the Plaintiff the performance amount of the guaranteed obligation, and E shall lose the benefit of each of the above loans to the above banks, etc., the Plaintiff may seek advance reimbursement for the amount guaranteed by the Plaintiff against E and C.
3 E lost the benefit of each of the above loans to the above banks after August 14, 2018, according to the credit guarantee agreement of this case, the Plaintiff: (a) on February 14, 2019, pursuant to the credit guarantee agreement of this case, 46,214,026 won; (b) on March 13, 2019, the sum of the principal and interest of the loan due to the second guarantee to the F Bank; (c) on March 13, 2019, the Bank paid the principal and interest of KRW 14,479,194; and (d) on March 13, 2019, the aggregate of KRW 60,693,210; and (e) on the balance of the advance reimbursement due to the first guarantee,
B. C and the Defendants.