구상금 및 사해행위취소
1. Defendant A Co., Ltd, and C and B jointly and severally for the Plaintiff KRW 401,648,769 and KRW 259,928,211 among them.
1. Basic facts
A. The credit guarantee agreement between the Plaintiff and the Defendant A and joint and several sureties 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).
(1) On September 10, 2008, Defendant A made a credit guarantee agreement between the Plaintiff and the Plaintiff on September 10, 2008 (hereinafter “the first guarantee agreement”) between the amount guaranteed by Defendant A as to the obligation of loans from the Nong Bank Co., Ltd. and the maturity of the guarantee (hereinafter “the first guarantee agreement”) until September 5, 2014.
(2) On December 22, 2010, Defendant A’s credit guarantee agreement covering the guaranteed amount of KRW 40,000,000, and the term of guarantee as of December 19, 2014 (hereinafter “the second guarantee agreement”) with respect to the obligation of loans from the Korea Sldrid Bank Co., Ltd.
(3) On January 27, 2014, Defendant A’s credit guarantee agreement (hereinafter “third guarantee agreement”) with respect to the obligation of promissory notes for the guarantee of the price of goods against Hyundai Cement Co., Ltd. as to the guaranteed amount of KRW 100,000,000, and the term of guarantee until January 26, 2015 (hereinafter “third guarantee agreement”).
(1) Each of the instant guarantees agreements was concluded (hereinafter collectively referred to as the “each of the instant guarantees agreements”).
(2) Defendant A, based on the first guarantee agreement, extended KRW 320,00,00 from the Nonghyup Bank Co., Ltd. on September 10, 2008; (2) extended KRW 50,00,00 from the Korea Standards Bank on December 22, 2010 upon the second guarantee agreement; and (3) issued a promissory note of KRW 169,07,952 on a face value with the content of the third guarantee agreement attached (the issuer of the promissory note of KRW 169,07,952 on April 29, 201 with the content of the third guarantee agreement, and offered it as security to Hyundai C C Co., Ltd.; and purchased cement from Hyundai C Co., Ltd. on credit.
3. According to each guarantee agreement of this case, when there is a decision of seizure, provisional seizure, provisional disposition or application for auction with respect to the workplace of Defendant A, the defendant C and the joint and several sureties who are defendant A and the joint and several sureties.