사해행위취소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 276,943,657 and KRW 275,359,647 among them. < Amended by Act No. 1259, May 12, 2014>
Facts of recognition
On April 3, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) with respect to the obligation of loans to the Defendant Co., Ltd. to the Defendant Co., Ltd., for a guarantee period of KRW 270 million and the guarantee period from April 3, 2013 to April 2, 2014. The Defendant B guaranteed the Defendant Co., Ltd’s obligation under the said credit guarantee agreement on the same day.
In the above credit guarantee agreement, where the Plaintiff fulfilled the guaranteed obligation, the Defendants agreed to reimburse the Plaintiff for the amount of the repayment of the guaranteed obligation and the amount of damages for delay as determined by the Plaintiff from the date of the subrogation to the date of full payment. Meanwhile, the rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012.
On January 7, 2014, the Defendant Company delayed interest on the above loans and caused a credit guarantee accident. On May 12, 2014, the Plaintiff repaid the above loan principal amounting to KRW 275,359,647, a total of KRW 275,359,647, and paid KRW 1,122,430, and penalty was KRW 461,580.
[Ground of recognition] Defendant Company and Defendant B: (a) there is no dispute over Defendant C; (b) the entire purport of arguments and arguments; and (c) the fact of recognition of the claim for indemnity amount against Defendant A and B pursuant to the credit guarantee agreement, Defendant Company and Defendant B jointly and severally have an obligation to pay the Plaintiff the amount of indemnity amount of KRW 275,359,647; (c) the amount of indemnity amount of KRW 1,122,430; (d) the amount of indemnity amount of KRW 461,580; (e) the sum of KRW 276,943,657; and (e) the amount of indemnity amount of KRW 275,359,647; and (e) the amount of indemnity amount of KRW 275,359,647, May 12, 2014, which is the date of subrogation, to June 5, 2014, which is the date of delivery of a copy of the complaint in this case.
Defendant C.