사해행위취소
1. Defendant A, B, and C jointly and severally with the Plaintiff KRW 1,017,425,823 as well as KRW 1,012,834,493 as to the Plaintiff. < Amended by Act No. 13583, Dec. 2, 2015>
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement and a joint and several sureties agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), and respectively, issued a credit guarantee agreement as follows.
1) On June 28, 2007, the Industrial Bank of Korea grants loans from the Industrial Bank of Korea on the following occasions: The amount guaranteed (in cases of subordinate obligations: the statutes and the credit guarantee contract between the Plaintiff and the Industrial Bank of Korea, the interest or additional charges and expenses additionally borne by the Plaintiff in addition to the credit guarantee principal) 40 million won, the credit guarantee period from June 28, 2007 to June 27, 2008, and the credit guarantee agreement for three times as shown below (hereinafter “each of the credit guarantee agreements in this case”), including the issuance of a credit guarantee certificate to Defendant A, shall be deemed as the credit guarantee agreement, and in the order of the agreement, the “second guarantee”, “second guarantee”, and “third guarantee”.
(1) The Defendant A received KRW 400,000,000,000 from the Industrial Bank of Korea on June 28, 2008 (amended by February 26, 2016) No. 325,00,000,00 as the second guarantee I on February 11, 2009, respectively, on February 10, 2010 (amended by February 5, 2016) No. 304,00,000 (amended by February 304, 200,000,000), respectively, on February 8, 2013, J. 3, 2013 (amended by February 5, 2016) KRW 304,00,00,000,000 from the Industrial Bank of Korea under the respective credit guarantee agreements of this case, and received each credit guarantee amount of KRW 308,500,000,000,00.
3. According to each credit guarantee agreement of this case, where the plaintiff performed the guarantee obligation based on the credit guarantee certificate, the defendant A shall pay the amount subrogated by the plaintiff and the damages for delay in accordance with the interest rate set by the plaintiff within the limit of 25% per annum under Article 35 of the Credit Guarantee Fund Act from the date of payment of the amount subrogated by the plaintiff to the date of full payment.