사해행위취소
1. The Defendants jointly and severally liable to the Plaintiff for KRW 612,108,104 and KRW 487,926,074 among them, Defendant A from June 28, 2011.
1. Indication of claim;
A. On August 29, 2006, the Plaintiff entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) on August 29, 2007 with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by determining the credit amount of KRW 500,000,000, and the credit period expiration date (which is extended to August 27, 2010) and loaned KRW 500,000 to the Defendant Co., Ltd. on the same day.
On the same day, Defendant B guaranteed all obligations owed to the Plaintiff by the Defendant Company in accordance with the instant credit transaction agreement.
B. On May 21, 2009, the Plaintiff entered into a credit transaction agreement with a credit amount of KRW 300,000,000,000 as of May 21, 201 (hereinafter “instant credit transaction agreement”) and loaned KRW 300,000 to the Defendant Company.
On the same day, Defendant B guaranteed all obligations owed to the Plaintiff by the Defendant Company in accordance with the instant credit transaction agreement.
C. On April 9, 2010, the Defendant Company lost the benefit of time due to delay in payment of each interest under the Credit Agreement Nos. 1 and 2 (hereinafter “the Credit Agreement”).
As of June 27, 2011, the amount of debts owed by the Defendant Company to the Plaintiff pursuant to each credit transaction agreement of this case is KRW 487,926,074 in total (i.e., KRW 171,883,350 in the instant loan transaction agreement of KRW 316,042,724 in total) and KRW 124,182,030 in total (i.e., KRW 83,552,796 in the instant loan transaction agreement of KRW 40,629,234 in total).
E. In addition, the rate of damages for delay under each credit transaction agreement of this case shall be 17% per annum.
F. Therefore, the Defendants are jointly and severally liable to the Plaintiff as of June 28, 201, on the day following the end of the period for calculating damages for delay as to the principal amounting to KRW 612,108,104 under each of the instant credit transaction agreements and the principal amounting to KRW 487,926,074, and on the record that the service date of the instant complaint is the delivery date from June 28, 201. The Defendant Company was until November 20, 2013, and Defendant B was August 20, 2013.