사해행위취소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 123,145,320 and KRW 123,097,100 among them, from March 3, 2015 to June 2015.
The summary of the case is that the plaintiff (creditor) sought reimbursement from the defendant A and B by subrogation under the credit guarantee agreement, while the real estate sales contract between the defendant B (debtor) and the defendant C (beneficiary) is a fraudulent act and seek restitution from the defendant C by the cancellation thereof and the equivalent compensation.
2. Presumed Facts
A. The Plaintiff’s credit relationship 1) Defendant A entered into a credit guarantee agreement with the Plaintiff on July 4, 201, and received each loan from the Industrial Bank of Korea around July 14, 201, respectively, on the following grounds:
(C) According to each credit guarantee agreement as seen above, on July 3, 2012, the Industrial Bank of Korea (hereafter referred to as the "Industrial Bank of Korea" in this Article) on July 3, 2012 (hereafter referred to as the "Industrial Bank of Korea" in this Article) on the loans of the financial institution with the term of guarantee principal 180,000,000,000,000,000, the Bank of Korea (hereafter referred to as 54,000,000,000,000) extended on June 30, 2015, Defendant B, at the time of the above credit guarantee agreement, provided a joint and several liability obligation to the Plaintiff under each of the above credit guarantee agreements. (C) Under each of the above credit guarantee agreements, the principal obligor and the joint and several sureties shall pay the amount of the guaranteed obligation and the rate of delayed payment as determined by the Plaintiff from the date of performance of the guaranteed obligation until the date of repayment thereof (from December 14, 2010).
2) On January 1, 2015, Defendant A, including the Plaintiff’s performance of guaranteed obligations and collection of claims, lost the interest due to late payment of principal on January 1, 2015, and the Industrial Bank of Korea notified the Plaintiff of the occurrence of a credit guarantee accident on the 13th of the same month. Accordingly, on March 3, 2015, the Plaintiff subrogated the Industrial Bank of Korea of KRW 123,097,100 (=the principal and interest of KRW 68,506,119 relating to the first guarantee) to the principal and interest of KRW 54,590,981 relating to the second guarantee.
In addition, the Plaintiff.