사해행위취소
1. As to real estate listed in the separate sheet:
A. The Defendant and Nonparty A on June 20, 2016.
1. Facts of recognition;
A. On June 18, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant guarantee agreement”) with respect to the loan obligations owed by Nonparty D Co., Ltd. (hereinafter “Non-Party D”) to the Industrial Bank of Korea (hereinafter “Non-Party D”) with the Non-Party Company as the principal debtor, with the content of the guaranteed amount of KRW 297,50,000,000, small and medium enterprise financing loans for the subject of loan, and the term of guarantee as of June 18, 2015, and the Non-Party A, the representative director of the Non-Party Company, guaranteed the above loan obligations of the Non-Party Company.
B. At the time of the instant guarantee agreement, where the repayment period of the principal obligation is extended after the said credit guarantee period (on June 18, 2015), the non-party company notified the Plaintiff of his intention of extension of the guarantee period and requested the Plaintiff in advance to treat the extension of the guarantee period as an extension of the guarantee period. A (hereinafter referred to as the “debtor”) also agreed in advance as to whether to consent to the extension of the guarantee period and the method thereof at the time of the instant guarantee agreement (hereinafter referred to as the “instant consent to the extension of the guarantee period”).
C. On June 20, 2014, pursuant to the instant guarantee agreement, the non-party bank loaned KRW 350,00,000 to the non-party company. On June 17, 2016, the credit guarantee accident occurred due to the principal and delayed payment of the non-party company (hereinafter “the instant credit guarantee accident”). Accordingly, on September 30, 2016, the Plaintiff acquired the claim for indemnity against the non-party company and the debtor by paying the total amount of KRW 302,676,134 to the non-party bank on behalf of the non-party bank, and on September 30, 2016, the Plaintiff acquired the claim for indemnity against the non-party company and the debtor. The amount of indemnity claim as of the date of payment was 304,228,668 won in total (302,676,134 won in subrogation + remaining KRW 1,52,534 won in subrogation). The interest rate determined by the Plaintiff on the amount of subrogation (payment) was 1,0% from September 130, 30, 20.
On the other hand, A on June 20, 2016.