사해행위취소
1. The judgment of the first instance, including a claim for exchange change in this court, shall be modified as follows:
1. Basic facts
A. The non-party C Co., Ltd. (hereinafter “non-party C”) entered into a loan transaction agreement with the Industrial Bank of Korea and the Korea Development Bank and applied for a credit guarantee to the Plaintiff. The Plaintiff, upon entering into a credit guarantee agreement with the non-party C, agreed to pay the amount paid by the Plaintiff for the guarantee obligation and the damages for delay in accordance with the ratio determined by the Plaintiff from the date of performance to the date of full payment for the amount of the loan obligation; the penalty calculated by adding 0.5% to the fixed guarantee rate from the date following the date of performance of the loan obligation to the non-party obligation; and the amount paid by the Plaintiff for the execution of the credit guarantee obligation as set forth below.
Guarantee No. 18-29,000,000 E-Korea Development Bank 2016-03-03-041,500,000,000 industrial operating loans 2016-03-03-03-00,03-031, 2003-03-03-031, 200,000 industrial operating capital loans 2016-28, 2017-08-28 2017-08-28, 2017-08-28, 2017-08-28, 2017-1,000 E-Korea Development Bank 2015-03-041,50,000,000 capital loans 2016-03-03-03-03-031, 2030,000,700,007
B. The non-party company borrowed 200,000,000 won from the Industrial Bank of Korea as collateral and 1,50,000,000 won from the Korea Development Bank respectively, but did not pay interest on each of the above loans on March 13, 2017.
On April 18, 2017, the Plaintiff subrogated to the Korea Development Bank KRW 1,282,734,184, and KRW 163,816,485 in total to the Industrial Bank of Korea on April 26, 2017.
The interest rate on delay determined by the Plaintiff pursuant to the above credit guarantee agreement shall be 10% per annum from February 1, 2016, and the interest rate shall be 1,275,000,000 out of the amount of subrogation. < Amended by Presidential Decree No. 27958, Mar. 1, 201