사해행위취소.구상금
1. Defendant A Co., Ltd. and B jointly and severally with the Plaintiff KRW 283,297,087 and KRW 282,516,621 out of the total amount of KRW 282,516,621, April 10, 2019.
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement and the Plaintiff’s subrogation 1) on April 28, 2016, as Defendant A Co., Ltd. (hereinafter “Defendant Company”).
between the credit guarantee principal and the credit guarantee agreement up to April 27, 2017 (hereinafter “instant credit guarantee agreement”) between the credit guarantee principal and KRW 297,50,000,00 and the credit guarantee period (hereinafter “instant credit guarantee agreement”).
(2) On April 28, 2016, Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff under the said credit guarantee agreement. (3) On April 28, 2016, pursuant to the instant credit guarantee agreement, the Plaintiff issued to D Co., Ltd. (hereinafter “D”) a guarantee term of KRW 297,50,000; (4) April 27, 2017; (350,000,000 of the loan amount; (350,000,000 of the loan amount; and (4) D received the instant credit guarantee form and carried out a loan of KRW 350,00,00 with the Defendant Company; and thereafter, the guarantee term and guarantee amount under the instant credit guarantee agreement changed to KRW 282,625,000.
3) The Defendant Company closed its business on February 28, 2019 and caused a credit guarantee accident. Accordingly, upon the Plaintiff’s claim for the performance of D’s guaranteed obligation on April 10, 2019, the Plaintiff subrogated for KRW 282,667,601 in total and KRW 287,601 in total and KRW 467,601 in total. 4) Meanwhile, the Plaintiff, Defendant Company, and Defendant B paid damages calculated by multiplying the amount of the Plaintiff’s guaranteed obligation by the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation until the date of the repayment of the guaranteed obligation. The rate of delay damage incurred therefrom was set at 8% per annum from April 1, 2019 to April 11, 2019.
(hereinafter “Final Damages”). In addition, the Plaintiff, Defendant Company, and Defendant B, pursuant to Article 10(2) of the Credit Guarantee Agreement, are the Defendants.