사해행위취소
1. As to the Plaintiff, Defendant A and B jointly and severally KRW 296,750,016 and KRW 295,573,746 among them, Defendant A and B shall be jointly and severally liable for damages incurred to the Plaintiff on November 23, 2016.
1. Basic facts
A. 1) The Plaintiff entered into a credit guarantee agreement and joint and several sureties agreement on September 11, 2015 (hereinafter “Defendant Company”).
(i) The amount guaranteed by the Industrial Bank of Korea KRW 297 million (in cases of subordinate obligations: the statutes, and a credit guarantee agreement between the Plaintiff and the Industrial Bank of Korea, the interest or additional charges that the Plaintiff bears in addition to the principal of the credit guarantee for the Industrial Bank of Korea); and the credit guarantee agreement between September 11, 2015 and September 9, 2016 (hereinafter referred to as the “credit guarantee agreement of this case”).
(2) The Defendant Company received a loan of KRW 330 million from the Industrial Bank of Korea on September 14, 2015 by obtaining a credit guarantee certificate under the instant credit guarantee agreement and obtaining a loan of KRW 330 million from the Industrial Bank of Korea.
3) According to the instant credit guarantee agreement, in the event that the Plaintiff performed the guaranteed obligation based on the credit guarantee agreement, the Defendant Company jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff due to the instant credit guarantee agreement within the scope of ① the amount subrogated by the Plaintiff and the amount of damages for delay in accordance with the interest rate set by the Plaintiff within the scope of 25% per annum under Article 35 of the Credit Guarantee Fund Act from the date of subrogation to the date of full payment. ② The expenses incurred in the performance of the guaranteed obligation, and the expenses incurred in the preservation, transfer and exercise of the right acquired through the performance of the guaranteed obligation
B. A credit guarantee accident occurred and the Plaintiff’s subrogation occurred on November 9, 2016. On November 23, 2016, the Plaintiff, upon the Industrial Bank of Korea’s request for the performance of guaranteed obligations, was the principal and interest of the loan to the Industrial Bank of Korea on November 23, 2016. < Amended by Presidential Decree No. 27575, Nov. 23, 2016>