사해행위취소
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 32,663,428 and KRW 32,663,065 from July 26, 2016 to September 28, 2016.
① On March 7, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant Company B (hereinafter “Defendant Company”) with the terms of “134,100,000 won and the term of guarantee until March 7, 2017” in obtaining a loan from D Bank; ② in accordance with the said credit guarantee agreement, the Defendant Company shall pay to the Plaintiff delay damages at the rate determined by the Plaintiff from the date of performance of the guaranteed obligation to the Plaintiff when the Plaintiff fulfilled the guaranteed obligation to the Plaintiff; and Defendant C shall jointly and severally guaranteed the obligation owed to the Plaintiff based on the said credit guarantee agreement; ③ the Plaintiff lost its interest for the period of installment repayment due to D Bank around June 2016; the Plaintiff and the Plaintiff’s subrogation damages from D Bank on July 26, 2016 to KRW 33,768; and the Plaintiff’s subrogation damages from KRW 361 to 365,265,206, respectively; and the Plaintiff’s subrogation and delay damages from 2016 to 36365,26165.
According to the facts found above, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 32,663,428 (i.e., the amount of subrogated KRW 32,663,065 plus KRW 363,065) and damages for delay calculated at the rate of 12% per annum under the agreement rate from July 26, 2016, which is the date of subrogation, until September 28, 2016, as the Plaintiff seeks from July 26, 2016, a copy of the complaint of this case was served on the Defendants, and from the following day to the date of full payment, the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
Thus, the plaintiff's claim against the defendants.