사해행위취소
Defendant A and B jointly and severally for the Plaintiff KRW 184,693,941 and KRW 91,403,408 among them, from January 27, 2015, and 91.
The summary of the claim case against Defendant C is the case that the Plaintiff (creditor) seeks revocation and reinstatement against Defendant C on the ground that the mortgage agreement on each real estate listed in the separate sheet between Defendant A (debtor) and Defendant C (beneficiary) is a fraudulent act.
On September 25, 2014, Defendant A entered into a credit guarantee agreement with the Plaintiff on the premise of the facts, and obtained each of the following loans from the financial institutions on September 26, 2014, with each of the following financial institutions, upon entering into a credit guarantee agreement with the Plaintiff on September 26, 2013 between the Plaintiff and the Plaintiff on September 26, 2013, with the term of guarantee of principal guarantee (original) under the guarantee agreement for the execution of the loan.
At the time of the above credit guarantee agreement, Defendant B jointly and severally guaranteed the obligation of Defendant A to the Plaintiff according to each of the above credit guarantee agreements.
According to each of the above credit guarantee agreements, where a plaintiff has performed a credit guarantee obligation, the principal debtor and the joint guarantor shall pay the amount of the performance of the guaranteed obligation and the amount of the performance of the guaranteed obligation, damages for delay determined by the plaintiff from the date of repayment to the date of repayment (14% per annum after December 2, 2010), additional guarantee fees, the execution and preservation of bonds, and the expenses required for legal procedures.
On September 25, 2014, Defendant A, including the performance of the Plaintiff’s guaranteed liability and the recovery of claims, lost the benefit of the due date due to delay in interest. On November 10, 2014, the National Bank notified each Plaintiff of the occurrence of a credit guarantee accident on December 19, 2014.
Accordingly, on January 27, 2015, the Plaintiff paid the principal amount of KRW 91,403,408 to the National Bank on behalf of the Defendant A (i.e., the principal amount of KRW 90,000,000) (i.e., KRW 1,403,408). On March 18, 2015, the Plaintiff paid the principal amount of KRW 91,670,153 (i.e., the principal amount of KRW 90,000,000) to the Nonghyup Bank on behalf of the Plaintiff.
Other additional guarantee fees of KRW 1,124,130.