사해행위취소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. The Plaintiff’s claim for reimbursement against Defendant Company A, B, and C (hereinafter “Defendant Company”) on November 18, 2013, the Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) and the “Defendant Company”).
(B) Until November 17, 2014 (after this, until November 16, 2016), the amount guaranteed KRW 85 million, and the period of guarantee was extended.
(A) the credit guarantee agreement specified therein (hereinafter referred to as the “instant guarantee agreement”).
(2) The Defendant Company agreed to pay the amount of the guaranteed obligation when the Plaintiff performed the guaranteed obligation under the instant guarantee agreement, the amount of the guaranteed obligation and the amount of damages calculated according to the Plaintiff’s interest rate and calculation method, the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, the unpaid guarantee fee, overdue guarantee fee, additional guarantee fee, etc.
3) The Defendant Company was granted a loan of KRW 85 million from the Industrial Bank of Korea under the instant guarantee agreement, but from April 2016, it lost the benefit of time starting with delay, and the Plaintiff performed the instant guarantee agreement by paying KRW 86,037,850 to the Industrial Bank of Korea on November 23, 2016. (4) The interest rate for delay of the indemnity obligation under the instant guarantee agreement was changed to 12% per annum from June 1, 2015. The additional guarantee fee to be paid by the Defendant Company was KRW 33,530, and the legal procedural expenses, etc. incurred by the Plaintiff to secure the claim for reimbursement after the performance of the guaranteed obligation are KRW 641,651.
B. On June 30, 2016, Defendant Company: (a) concluded a mortgage agreement with Defendant B, the representative of Defendant Company, on the attached list owned by the Defendant Company, regarding the real estate (hereinafter “instant real estate”); (b) the maximum debt amount of KRW 65 million; and (c) received on July 1, 2016 from Defendant D the Suwon District Court’s branch office in the Suwon District Court.