사해행위취소
1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 185,392,545 and KRW 182,613,698 among them. < Amended by Presidential Decree No. 25590, Sep. 1, 2014>
1. Basic facts
A. The Plaintiff’s credit guarantee and joint and several guarantee 1) the Plaintiff’s credit guarantee and the Defendant B and C’s joint and several guarantee 1) on May 27, 2010 (hereinafter “A”).
(2) On May 26, 201, the Plaintiff provided a credit guarantee to Defendant A’s non-party bank with the term of guarantee amount of KRW 200,000,000 and the term of guarantee as of May 26, 201, and Defendant B and C provided a joint and several guarantee to the Plaintiff (hereinafter “instant credit guarantee agreement”).
(2) After the conclusion of the instant credit guarantee agreement, the amount covered by the instant credit guarantee agreement was KRW 180,000,000 on May 25, 201, and the period of the guarantee was finally changed until May 23, 2014.
B. In the event that the Plaintiff subrogated for a loan to Defendant A’s Han Bank pursuant to the credit guarantee agreement in this case, Defendant A, B, and C shall pay the amount that the Plaintiff jointly repaid to the Plaintiff and 12% per annum of the amount that the Plaintiff jointly repaid, delay damages of 12% per annum of the amount that the Plaintiff jointly repaid, penalty due to Defendant A’s failure to perform its loan obligations, and expenses
C. (1) The occurrence of a credit guarantee accident and the Plaintiff’s subrogation, etc. (1) The Plaintiff’s subrogation filed a claim with the Plaintiff for the performance of credit guarantee obligations on January 21, 2014 due to delinquency in the repayment of the Plaintiff’s loan obligations to Han Bank, and Han Bank filed a claim with the Plaintiff on September 5, 2014. Accordingly, the Plaintiff subrogated for the Defendant Han Bank’s loan obligations of KRW 182,613,698 (i.e., principal amount of KRW 180,000,613,698) (i.e., KRW 180,613,698) on behalf of the Plaintiff according to the credit guarantee agreement in the instant case. (2) The Defendant A did not pay a penalty to the Plaintiff under the credit guarantee agreement in the instant case. Accordingly, the penalty to be paid to the Plaintiff shall be KRW 923,178 won (=180,000,0000 x KRW 104/3654,294).24).