사해행위취소 등
1. As to the Plaintiff’s joint and several costs of KRW 31,277,743 and KRW 20,550,059, among them, Defendant A and B shall be jointly and severally liable to the Plaintiff, from December 11, 2012 to September 1, 201.
1. Basic facts
A. On December 28, 2007, Defendant A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff with the amount of KRW 20,000,000 of the guaranteed principal, the guarantee period from December 28, 2007 to December 26, 2008, setting the rate of damages for delay at 17% per annum, and Defendant B guaranteed the Defendant A’s obligation under the said credit guarantee agreement with the Plaintiff on the same day.
Defendant A submitted a credit guarantee certificate issued by the Plaintiff to the Gwangju Bank, and received a loan of KRW 20,000,000 from the Gwangju Bank on the same day.
After that, the term of guarantee of the above credit guarantee agreement was extended until December 21, 2012.
B. On July 29, 2008, Defendant A entered into a credit guarantee agreement with the Plaintiff by setting the guarantee principal of KRW 10,000,000, the guarantee period from July 29, 2008 to July 29, 201, with 17% per annum from July 29, 2008, and Defendant B guaranteed the Plaintiff’s obligation under the said credit guarantee agreement with the Plaintiff on the same day.
Defendant A submitted a credit guarantee statement issued by the Plaintiff to the Nonghyup Bank and received a loan of KRW 10,000,000 from the Nonghyup Bank on the same day.
After that, the term of guarantee of the above credit guarantee agreement was extended until July 26, 2013.
C. As Defendant A delayed payment of interest on the above loan, the Gwangju Bank sent the notice of credit guarantee accident as of July 27, 2012 to the Plaintiff on August 3, 2012, and the Nonghyup Bank requested for the performance of the guaranteed obligation by sending the notice of credit guarantee accident as of August 3, 2012 to the Plaintiff. On December 11, 2012, the Plaintiff paid KRW 20,550,059 (i.e., principal amount of KRW 20,000,000, KRW 550,059) to the Gwangju Bank, and paid KRW 9,95,964 to the Nonghyup Bank on February 27, 2013 (i.e., principal amount of KRW 9,984,410, KRW 11,554), respectively.
Defendant A entered into a sales contract with Defendant C on June 5, 2009 (hereinafter “instant real estate”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 128,00,000, and entered into the sales contract (hereinafter “instant sales contract”), and on June 9, 2009, Defendant C with respect to the instant real estate.