사해행위취소
Defendant A and B Co., Ltd. jointly and severally for the Plaintiff KRW 173,509,587 and KRW 171,805,767 among them. < Amended by Presidential Decree No. 26508, Aug. 6, 2015>
1. Facts of recognition;
A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”).
(2) According to the request for credit guarantee, the credit guarantee agreement between the Defendant Company and the guaranteed principal of KRW 170,00,000,000, and the term of credit guarantee agreement on May 14, 2015 (hereinafter “instant credit guarantee agreement”) shall be deemed as the credit guarantee agreement between the Defendant Company and the guaranteed principal.
(2) The Plaintiff and the Defendant agreed to provide a credit guarantee for the principal and interest to be borne by the Defendant Company by receiving the Industrial Bank of Korea’s loan of KRW 200,000,000 from the Industrial Bank of Korea. (2) The Plaintiff and the Defendant Company agreed to pay to the Plaintiff the amount subrogated by the Plaintiff, damages after the date of performance, and penalty calculated by adding a certain percentage of the final applicable guarantee fee rate from the day following the date of payment of guarantee fees for the amount of the terminated guaranteed amount to the date following the date of termination of guarantee, and other incidental obligations, such as the legal procedure expenses paid by the Plaintiff in delay.
3) Upon entering into the instant credit guarantee agreement, Defendant B jointly and severally guaranteed all the obligations that the Defendant Company will incur to the Plaintiff. B. The occurrence and scope of the claim for reimbursement 1) Defendant Company lost its interest on the said loan on May 1, 2015, and on May 14, 2015, Defendant B lost its interest on the due date by delinquency in payment of the principal of the said loan.
Accordingly, on August 6, 2015, the Plaintiff repaid the principal and interest of loans to the Industrial Bank of Korea as KRW 171,805,767.
2) From January 1, 1999 to May 31, 2005, the rate of damages under the Plaintiff’s prescribed contract for the said subrogated amount is 18% per annum, 15% per annum from June 1, 2005 to November 30, 2012, and 12% per annum from December 1, 2012. 3) The balance of the legal procedure expenses the Plaintiff paid on behalf of the Plaintiff to secure the liability for reimbursement to the Defendant Company, etc. is 930,670 won.
4 If Defendant B fails to perform the principal obligation within the warranty period, it shall be paid in accordance with the ratio and calculation method prescribed by the Plaintiff.