사해행위취소
1. Defendant E Co., Ltd. and Defendant F Co., Ltd. are jointly and severally liable to the Plaintiff Credit Guarantee Fund for KRW 302,573,989 and their amount.
1. Basic facts
A. The Plaintiff’s Credit Guarantee Fund Co., Ltd. (hereinafter “Defendant E”) on March 16, 2009
B Between the Credit Guarantee Agreement (hereinafter referred to as the “instant Credit Guarantee Agreement”) as described in the following table:
(B) On March 16, 2009, March 16, 2009, from March 16, 2009 to March 15, 2010, Defendant E entered into a credit guarantee agreement (guarantee No. G) issued by the Plaintiff in accordance with the instant credit guarantee agreement, and received a loan of KRW 300,000,000 from the new bank in charge of the instant credit settlement agreement.
3) According to the instant credit guarantee agreement, if the Plaintiff’s Credit Guarantee Fund pays the Plaintiff’s loan obligation to Defendant E to the financial institution due to Defendant E’s failure to repay the loan obligation to the financial institution, Defendant E agreed to pay to the Plaintiff Credit Guarantee Fund the amount of the subrogated payment and the damages for delay pursuant to the Credit Guarantee Fund’s interest rate (12% per annum from December 1, 2012 to the date of full payment) as well as the expenses incurred by the Plaintiff Credit Guarantee Fund in order to compensate the said claim. 4) A entered into a joint and several guarantee agreement between the Plaintiff and the Credit Guarantee Fund on March 12, 2010 between the date of the instant credit guarantee agreement and the date of the conclusion of the instant credit guarantee agreement (hereinafter “Defendant F”).
B. A claim for reimbursement of the Plaintiff Credit Guarantee Fund (1) was created on September 25, 2013, Defendant E lost the benefit of time due to the delay in the repayment of the principal and interest of loans. On September 30, 2013, Plaintiff Credit Guarantee Fund subrogated KRW 301,869,205 to the new bank of the Credit Guarantee Fund. (2) The Plaintiff Credit Guarantee Fund paid the amount of KRW 717,340 by subrogation in accordance with the credit guarantee agreement in this case. < Amended by Presidential Decree No. 24773, Sep. 30, 2013>