사해행위취소
1. Defendants A, B, and C are jointly and severally liable to the Plaintiff for KRW 90,179,03 and KRW 89,800,563 among them. < Amended by Act No. 1190, Aug. 28, 2013>
1. Basic facts
A. On June 25, 2010, when Defendant A received a loan from a new bank, the Plaintiff agreed to provide credit guarantee for the principal and interest of loan (hereinafter in this case’s credit guarantee agreement) and issued a credit guarantee certificate to Defendant A. Defendant A received a loan from the new bank on June 28, 2010.
On the other hand, the credit guarantee agreement of this case includes the agreement that the interest rate of late payment damages for indemnity to be borne by Defendant A in the future by the Plaintiff includes the agreement that the Plaintiff shall comply with.
(see Article 10 (1) of the Credit Guarantee Agreement). (b)
Defendant B and C (hereinafter referred to as “C”) jointly and severally guaranteed the obligation owed by Defendant A to the Plaintiff pursuant to the aforementioned credit guarantee agreement.
C. The Defendant A incurred a credit guarantee accident on July 19, 2013, on the ground of an overdraft. D.
Accordingly, on August 28, 2013, the Plaintiff subrogated to the new bank to pay the principal and interest of Defendant A amount of KRW 90,319,887.
E. Meanwhile, Defendant A paid part of the claims for reimbursement incurred by Defendant A from paying the principal and interest of loans to Defendant A to Defendant A, and paid part of the claims for reimbursement to Defendant A to Defendant A. Under the credit guarantee agreement in this case, Defendant A shall pay to the Plaintiff according to the credit guarantee agreement in this case, and the expenses incurred by the Plaintiff for the preservation and enforcement of the claims for reimbursement amounting to KRW 378,470.
F. On July 12, 2013, Defendant A and Defendant D entered into a mortgage agreement between Defendant A and Defendant D with regard to each of the real estate listed in the list of the attached real estate owned by Defendant A (hereinafter “each of the instant real estate”) with the obligor A and the maximum debt amount as KRW 100 million, and on the same day, the registration of the establishment of a mortgage was completed in the future of Defendant D on the same day.
The mortgage contract of this case is a "the first mortgage contract" and the registration of this.