사해행위취소
1. As to KRW 8,358,547 and KRW 7,707,557 among the Plaintiff’s joint and several shares, Defendant A and B shall jointly and severally serve as the Plaintiff from December 10, 2014 to January 12, 2015.
1. Basic facts
A. On April 24, 2012, the Plaintiff concluded a credit guarantee agreement with Defendant A with the following content (hereinafter “instant credit guarantee agreement”).
- The credit guarantee principal 8,500,000 - The credit guarantee period was changed to April 19, 2013 (as of April 18, 2014, changed to November 18, 2014) - In the event that the Plaintiff performs the guarantee obligation to the guarantee creditor, Defendant A pays to the Plaintiff the amount paid by the Plaintiff to the Plaintiff for performance of the guarantee obligation, damages for delay in accordance with the rate set by the Plaintiff, legal procedure expenses paid by the Plaintiff for the preservation of claims, etc., and if the Plaintiff’s guarantee obligation is not extinguished by the date on which the principal obligation is to be performed, the additional guarantee fee for the remainder of the principal obligation shall be paid from the day following the expiration date of the period during which the guarantee fee is paid to the Plaintiff to the day immediately preceding the date on which the payment is made, and the order of appropriation for performance shall
B. Defendant A jointly and severally guaranteed all obligations under the instant credit guarantee agreement against the Plaintiff.
C. On April 24, 2012, Defendant A borrowed KRW 10,000,000 from a new bank (hereinafter “new bank”) on the security of the credit guarantee certificate issued by the Plaintiff based on the instant credit guarantee agreement.
On December 31, 2013, the Suwon Tax Office seized the building among the real estate listed in the attached list owned by Defendant A, and on August 26, 2014, the new bank requested the Plaintiff to perform the guaranteed obligation on the ground that the Plaintiff was deprived of the benefit of time due to the registration of information on the dynamic body against Defendant A.
E. On December 10, 2014, the Plaintiff paid KRW 7,707,557 to the new bank the principal and interest of Defendant A’s debt.
The additional guarantee fee from the date following the payment of the guarantee fee by Defendant A to the date before the date of subrogation by the Plaintiff is KRW 2,450, and the expenses paid by the Plaintiff for the preservation of the claim for reimbursement are KRW 648,540.
The payment by subrogation shall be from the date of payment by subrogation.