사해행위취소
1. Defendant A Co., Ltd and B jointly and severally against the Plaintiff KRW 147,01,193 and KRW 146,114,803 among them. < Amended by Act No. 15035, Nov. 30, 2017>
1. In full view of the overall purport of the pleadings, the following facts can be acknowledged in the entries in Gap evidence 1-1-3, Gap evidence 2-2 through Eul evidence 8, Eul evidence 1-C-5.
On October 2014, the Plaintiff entered into the instant credit guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”) with the Defendant Company as the guaranteed principal, whichever is KRW 180 million out of the amount to be loaned from the foreign exchange bank, and entered into the instant credit guarantee agreement with the term of guarantee until October 22, 2015, and issued the credit guarantee certificate accordingly.
(B) The term of guarantee was changed to October 20, 2017. According to the credit guarantee agreement of this case, when the Plaintiff performed the guaranteed obligation, the Defendant Company is obliged to pay the Plaintiff the amount of subrogation, damages for delay, penalty, and substitute payment based on the interest rate determined by the Plaintiff.
Defendant B jointly and severally guaranteed the obligation to be borne by the Defendant Company to the Plaintiff pursuant to the instant credit guarantee agreement.
B. Under the above credit guarantee agreement, the Defendant Company was loaned KRW 200,000 from the foreign exchange bank under the pretext of corporate general financing loans.
C. After that, the Defendant Company failed to pay the principal of the loan and caused a credit guarantee accident on August 30, 2017, and the Plaintiff subrogated 146,114,803 won to the foreign exchange bank on November 30, 2017.
As such, the penalty to be paid by the Defendant Company to the Plaintiff upon the performance of the guaranteed obligation is KRW 284,040, the subrogated payment is KRW 602,350, and the interest rate for delay determined by the Plaintiff is 10% per annum from February 1, 2016.
Meanwhile, on the other hand, Defendant C borrowed KRW 40 million in total from Defendant C on December 14, 2015 and November 4, 2016, each of which is KRW 20 million. When Defendant C continued to demand repayment, Defendant C on August 16, 2017 in order to repay the above loan debt, the case is that “ below the real estate indicated in the attached Table, the only property of Defendant C, which is its own property.”