사해행위취소
1. The defendant A, B, C, D, E, E, E, E, and the Kest Integrated Construction, and the KNF are jointly and severally performed by the agricultural partnership.
1. Facts of recognition;
A. A. On August 17, 2010, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Plaintiff as a credit guarantee amount of KRW 9,00,000,000 (the amount shall be changed to KRW 7,967,762,314) (the amount shall be changed to KRW 7,967,762,314) and by August 16, 2011 (the period shall be changed to August 16, 2012) and received a loan of KRW 9,00,000 from Nonparty Nonghyup Bank Co., Ltd. (hereinafter “CF Bank”) as collateral under the said credit guarantee agreement.
According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation in accordance with the credit guarantee agreement, Defendant A provided that the amount of the guaranteed obligation to the Plaintiff, damages for delay in accordance with the interest rate determined by the Plaintiff, and the expenses incurred in preserving and exercising the rights acquired by the Plaintiff as a result of the Plaintiff’s performance of the guaranteed obligation, and the performance of the guaranteed obligation. The agreed delay damages rate for the amount of subrogation determined by the Plaintiff is 15% per annum from June 1, 2005 to
(1) On August 17, 2010, Defendants B, C, D, E, and Earbarte Construction Co., Ltd. (hereinafter “Defendant Earbarte Construction”) entered into an agreement with the Plaintiff on the joint and several guarantee of all the obligations that Defendant A owes to the Plaintiff pursuant to the credit guarantee agreement of this case (hereinafter “instant primary joint and several guarantee agreement”). On August 17, 2011, the agreement was reached between the Plaintiff and the Plaintiff to confirm the change of the term of the credit guarantee agreement of this case to August 16, 2012 and to bear joint and several liability (hereinafter “instant secondary joint and several guarantee agreement”). The Defendant Emarsan Agricultural Co., Ltd. (hereinafter “Defendant Emsan”) additionally as at the time of the instant secondary joint and several guarantee agreement with the Plaintiff and the Defendant under the credit guarantee agreement of this case.