사해행위취소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 218,071,959 and KRW 217,015,294 among them. < Amended by Presidential Decree No. 27529, Sep. 22, 2016>
1. The facts supporting the facts are deemed to have been led by the Defendants under Article 150 of the Civil Procedure Act.
A. Defendant A (hereinafter “Defendant A”) requested the Plaintiff to provide a credit guarantee for the purpose of securing the repayment of principal and interest of loan when receiving a loan from the Industrial Bank of Korea, and the Plaintiff entered into a credit guarantee agreement with the Defendant Company and issued a credit guarantee certificate as follows.
1) On October 14, 2013, the Plaintiff entered into a credit guarantee agreement with the Defendant Company and the Defendant Company as to KRW 270,000,000, out of the amount loaned from the Industrial Bank of Korea, as the guaranteed principal, and issued a credit guarantee statement on October 14, 2013 to October 13, 2014. Thereafter, on October 7, 2014, the guaranteed principal was changed to the Industrial Bank of Korea until October 12, 2015, and the guarantee principal was changed to the guaranteed principal amount to KRW 216,00,000,000, and the guarantee period was changed to October 12, 2016 (hereinafter “instant guarantee”). < Amended by Act No. 13583, Oct. 12, 2015; Act No. 13583, Oct. 12, 2015>
(2) In the event that the Plaintiff performed the guaranteed obligation upon a credit guarantee agreement, the Defendant Company paid damages according to the interest rate as determined by the Plaintiff, and paid expenses incurred in the enforcement and preservation of claims and the exercise of the said credit guarantee agreement on behalf of the Plaintiff and in the legal procedure therefor and damages for delay.
The rate of damages determined by the Plaintiff is 15% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2012 to February 1, 2012.
B. As the representative director of the Defendant Company, Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff at the time of the instant guarantee.
C. Defendant Company submitted a credit guarantee certificate related to the instant guarantee on October 15, 2013, and borrowed KRW 300,000,000 from the Industrial Bank of Korea.
On September 12, 2016, the Industrial Bank of Korea (Seoul Central District Court 2016 Gohap100204) caused a credit accident to the Plaintiff on September 12, 2016.