사해행위취소
1. As to Defendant A and B’s joint and several liability amounting to KRW 398,933,823 and KRW 396,169,107 among them, Defendant A and B’s joint and several liability amounting to KRW 398,93,823.
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) on September 30, 2014, and the Defendant A Co., Ltd. (hereinafter “Defendant D”).
As to September 1, 2015, Defendant A changed its trade name into Han Bank Co., Ltd. (Korean Exchange Bank on September 1, 2015).
hereinafter referred to as “foreign bank”
(3) In order to guarantee the repayment of the principal and interest of loan from a loan, the guaranteed amount shall be KRW 392,00,000 and the term of guarantee shall be September 29, 2015 (hereinafter “the credit guarantee agreement of this case”).
(2) At the time of the instant credit guarantee agreement, Defendant A jointly and severally guaranteed all obligations owed by Defendant A to the Plaintiff pursuant to the instant credit guarantee agreement, using a credit guarantee instrument issued by the Plaintiff on the same day.
3) According to the instant credit guarantee contract, where the Plaintiff performed the guaranteed obligation, the principal obligor and the joint guarantor shall reimburse the Plaintiff the amount of subrogation paid by the Plaintiff for the performance of the guaranteed obligation, the amount of damages for delay calculated by the ratio as determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation, and the rate of damages for delay determined by the Plaintiff is 12% per annum from December 1, 2012 to September 3, 2015. (B) The occurrence of the credit guarantee accident, including the occurrence of the credit guarantee accident and the Plaintiff’s subrogation, which occurred from June 30, 2015 to September 3, 2015, the bank claimed the Plaintiff to discharge the guaranteed obligation, and the Plaintiff subrogated the amount of the principal and interest of the loan to the non-party bank on September 23, 2015.
2. The remaining amount of the legal procedure cost that the Plaintiff paid in order to secure the claim for reimbursement against Defendant A is KRW 2,764,716.
(c) annex.