사해행위취소
1. It was concluded on May 15, 2018 between Defendant A and C with respect to each real estate listed in paragraphs 1 through 5 of the attached list.
1. Basic facts
A. On May 4, 2016, the Plaintiff entered into a credit guarantee agreement with the effect that the Plaintiff guarantees the repayment of a loan to an E-bank of KRW 300,000,000 from the E-bank. Under the said credit guarantee agreement, the Plaintiff provided a credit guarantee for the amount that the said corporation borrowed from the E-bank.
C, which was the representative director of the above corporation, has jointly and severally guaranteed the liability for indemnity against the plaintiff of the above corporation.
B. On June 27, 2016, the Plaintiff entered into a credit guarantee agreement with the F Co., Ltd. to guarantee the Plaintiff’s obligation to the G Bank amounting to KRW 288,000,000, when it receives a corporate general loan from the G Bank. Under the said credit guarantee agreement, the Plaintiff provided credit guarantee for the amount that the said corporation borrowed from the G Bank.
C, which was the representative director of the above corporation, has jointly and severally guaranteed the liability for indemnity against the plaintiff of the above corporation.
C. At the time of the above credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, D farming association corporations, and F agreed to pay to the Plaintiff the amount of performance of the guaranteed obligation, damages for delay based on the above rate of delay damages from the date of performance of the guaranteed obligation, other expenses incurred in the performance of the guaranteed obligation, and all expenses incurred in the preservation and exercise of the rights
D. However, on May 1, 2018, the farming association corporation did not pay the principal and interest of the E Bank; on April 27, 2018, the KF lost each due interest due to the delinquency in interest to the G Bank; on August 23, 2018, the E Bank and the G Bank claimed the Plaintiff to discharge the guaranteed obligation, the Plaintiff subrogated the E Bank to KRW 244,324,339 on August 23, 2018; and on April 21, 2018, the Plaintiff subrogated the G Bank to KRW 292,857,968 on behalf of the G Bank.
E. On the other hand, C is the benefit of time between DF and DF.