사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 12, 2014, the Plaintiff and C Co., Ltd. (hereinafter “Nonindicted Company”) are the Plaintiff’s credit guarantee agreement 1)
between the non-party company and the non-party company D (hereinafter “D”)
A) As to the principal and interest of a loan to be borne by it, a credit guarantee agreement was concluded on November 11, 2015 with regard to the credit guarantee principal and interest of the loan, as well as on November 11, 2015 (hereinafter “instant credit guarantee agreement”).
() On the same day, B, the representative director of the non-party company, together with E, has jointly and severally guaranteed the liability for indemnity to be borne by the non-party company against the plaintiff in accordance with the credit guarantee agreement, and thereafter, the period of guarantee under the said credit guarantee agreement was extended on May 20, 2016. 2) On November 14, 2014, the non-party company submitted a credit guarantee certificate issued by the plaintiff under the instant credit guarantee agreement and received a loan of KRW 330 million from D (hereinafter “the instant loan”) on November 27, 2015, and thereafter the period of repayment of the loan was extended on May 20, 2016.
B. The occurrence of a credit guarantee accident and the Plaintiff’s performance of the guaranteed obligation notified the Plaintiff on June 17, 2016 that “A guaranteed accident occurred due to delay in payment of the loan principal on May 17, 2016,” and the Plaintiff subrogated to D totaling KRW 267,917,586 under the instant credit guarantee agreement on August 16, 2016 (i.e., principal amount of KRW 264 million, KRW 3917,586) on behalf of D, and related penalty of KRW 1,510,20, KRW 1,510,220, KRW 1,451,749.
C. On August 17, 2016, the Plaintiff filed an application for payment order with Nonparty Company B, and the final and conclusive Plaintiff filed an application for payment order with Nonparty Company B, and the Seoul Central District Court for payment of KRW 270,521,416, total amount of indemnity, etc. under the credit guarantee agreement of this case, as Seoul Central District Court Decision 2016 tea303425, and its delay damages. On August 31, 2016, the said court filed an application with Nonparty Company B for payment order with the Plaintiff at KRW 270,521,416 and KRW 267,917,586 among them.