사해행위취소
7,565,184 won and its 7,248,286 won among the defendants shall be annual from February 28, 2018 to August 22, 2018.
1. The Plaintiff entered into a credit guarantee agreement on July 1, 2013 with the Defendant on the basis of the Defendant’s credit guarantee request, and the credit guarantee agreement on June 29, 2018; ② the credit guarantee agreement on October 16, 2015; issued a credit guarantee agreement on October 5, 2020 with the guarantee number C, the guaranteed amount of KRW 7,00,000,000; and the credit guarantee agreement on October 5, 2020 with the term of guarantee; and the Defendant provided a credit guarantee agreement on the principal and interest to be paid by receiving the above amount from the D Bank.2) According to the above credit guarantee agreement, the Defendant paid the Plaintiff the amount subrogated by the Plaintiff, damages after the repayment date, and the guaranteed amount not terminated by the date following the payment date of the guaranteed amount to the date following the final payment date of the guaranteed amount.
B. 1) Under the aforementioned credit guarantee agreement, the amount of subrogated payment is KRW 7,248,286, and the amount of subrogated payment is KRW 7,286, by collecting KRW 74,240 from the amount of subrogated payment to the bank under credit guarantee on February 28, 2018 due to the Defendant’s failure to pay the said principal and interest of subrogated payment, and the Plaintiff paid KRW 7,322,526 on behalf of the Defendant. 74,240 thereafter, the principal amount is KRW 7,248,286. 2) According to the credit guarantee agreement, when the Plaintiff discharged the guaranteed obligation, the Defendant paid the amount of subrogated payment at an interest rate set by the Plaintiff as to the amount of subrogated payment after the date of performance. The agreed interest rate of the Plaintiff’s contractual damages from April 20, 2010 to April 28, 2015 to October 12, 2017.
According to the above credit guarantee agreement of 3rd payment, the debtor incurred by the plaintiff.