사해행위취소
1. The sales contract between the defendant and the stock company on April 4, 2016 concerning each real estate listed in the separate sheet between the defendant and the stock company is 325,610.
1. Basic facts
A. 1) The Plaintiff is a non-party B Co., Ltd. (hereinafter “B”) as listed below.
(A) each credit guarantee agreement between the two parties (hereinafter referred to as the “each credit guarantee agreement of this case”).
(C) A corporation (hereinafter referred to as “C”) has entered into a credit guarantee agreement and issued each credit guarantee agreement to B, as set out in the following table:
3) The loan received from the Fund (hereinafter “each of the loans of this case”)
(2) According to the reasoning of the judgment below, the Plaintiff’s performance of the guaranteed obligation as well as the Plaintiff’s performance of the guaranteed obligation under the Credit Guarantee Agreement on November 16, 2014, the Plaintiff’s performance of the guaranteed obligation at the rate of 50,000,000,000 on November 20, 2014 / November 20, 2014, when the term of guarantee principal was extended / the changed term of guarantee 150,000,000,000 on November 16, 2014; and the Plaintiff’s performance of the guaranteed obligation under the Credit Guarantee Agreement on October 16, 2016/16,00. 150,000,000,0003,000,000,000,000,000,000,016/10,016/106, 16, 2014.
B. (1) On June 17, 2016, B, a credit guarantee accident, such as a guarantee accident and subrogation, caused a credit guarantee accident to lose the benefit of time due to delinquency in interest on each of the instant loans to C, and the Plaintiff included a loan claim against B (each of the instant loans) from C on January 4, 2017.
D Limited Liability Company that has taken over (hereinafter referred to as “D”)
(2) Under each credit guarantee agreement of this case, the interest rate for delay determined by the Plaintiff pursuant to each of the credit guarantee agreements of this case was 10% per annum from February 1, 2016, and 3,346,459,384 (=434,416,068 won) (i.e., KRW 153,612,94 won), 358,430,322) was paid by subrogation. (ii) The interest rate for delay determined by the Plaintiff pursuant to each of the credit guarantee agreements of this case was 3,341,092 won per annum, and the legal procedure expenses not yet collected by the Plaintiff are 3,807,930 won, and additional guarantee fees are 2,807,930 won (= KRW 910,540 won).