사해행위취소
1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:
Attached Table 1 between B and the Defendant.
1. Basic facts
A. On December 9, 2010, the Plaintiff entered into a credit guarantee agreement with a co-defendant A (hereinafter “A”) at the first instance trial on the amount of KRW 229,50,000,000, out of KRW 270,000, which was loaned from a single bank, as the guarantee term of KRW 229,50,000, and the Co-Defendant B (hereinafter “B”) at the first instance trial jointly and severally guaranteed the said credit guarantee.
The term of guarantee under the above credit guarantee contract was respectively changed on November 29, 201, December 7, 2012, and December 5, 2012, and December 6, 2013.
A agreed to pay the amount paid by the Plaintiff for the discharge of the principal obligation and the damages for delay calculated by the rate determined by the Plaintiff from the date of performance to the date of full payment for the amount of the principal obligation, ② if the loan obligation is not performed within the term, penalty by the rate calculated by adding 0.5% to the prescribed rate of guarantee from the day following the date of performance of the loan obligation for the amount of the non-performance obligation to the date of payment for the obligation, ③ all the expenses paid by the Plaintiff for the discharge of the indemnity obligation.
The rate of damages for delay determined by the Plaintiff in the above credit guarantee contract is 12% per annum from December 1, 2012 to the date.
B. On June 16, 2013, A created the Plaintiff’s credit, due to the lapse of maturity and delinquency, and on July 15, 2013, one bank requested the Plaintiff to discharge the guaranteed obligation, and on September 27, 2013, the Plaintiff subrogated KRW 233,364,93 to the Han Bank on behalf of the Plaintiff.
The Plaintiff collected KRW 652,645, total of KRW 652,645, Oct. 24, 2013, and KRW 652,70,000 on September 27, 2013, and the amount of subrogated is KRW 232,712,288, and the amount of subrogated amount recovered is KRW 652,645, calculated by the Plaintiff’s interest rate for delay from the date of subrogated to the date of recovery (=209 won (=638,705 won) from September 27, 2013 to September 27, 2013 x 1/365 x 0.12) x 128 won (i.e., from September 27, 2013 to October 24, 2013 x 13,940) x 2083/16.25)