사해행위취소
1. The Defendants and C concluded on June 13, 201 with respect to each of the 1/2 shares in the real estate listed in the separate sheet.
1. Basic facts
A. (1) The Plaintiff entered into a credit guarantee agreement between C and C on May 13, 2013, and (1) the Plaintiff: (a) concluded a credit guarantee agreement between C and C with a national bank to provide KRW 288,00,000, out of the amount to be loaned by the national bank; (b) entered into a credit guarantee agreement with a period from May 13, 2013 to May 12, 2021; and (c) issued a credit guarantee agreement (credit number: D) to the national bank (hereinafter “first guarantee”).
(2) Of the amount to be loaned by the Small and Medium Business Corporation, C shall have 162,00,000 won as the credit guarantee principal, entered into a credit guarantee agreement with the period from May 13, 2013 to May 12, 2021, and issued the credit guarantee certificate (Guarantee Number: E) to the Small and Medium Business Corporation (hereinafter “the second guarantee”).
2) At the time of concluding a credit guarantee agreement with the Plaintiff, C agreed to pay the principal and interest of the Plaintiff and the amount of damages in accordance with the interest rate determined by the Plaintiff within the scope of 25% per annum as stipulated in Article 35 of the Credit Guarantee Fund Act in the event that the Plaintiff performed the guaranteed obligation based on the credit guarantee agreement of this case (hereinafter “the instant credit guarantee agreement”).
B. (1) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation, etc. (1) A extended KRW 320,000,000 from a national bank as collateral for the first guarantee on May 30, 2013, as well as KRW 162,00,00 as the second guarantee from the Small and Medium Business Corporation as collateral for the second guarantee on July 5, 2013, but C claimed credit guarantee against the Small and Medium Business Corporation on October 10, 2017 due to the occurrence of a credit guarantee accident due to delayed payment of the principal and interest due to the second guarantee. (2) The Plaintiff filed a claim against the Plaintiff for the repayment of the guaranteed obligation due to the second and second guarantee against the national bank on December 13, 2017.