사해행위취소
1. The Defendant Company A, B,C, and D shall jointly and severally serve as the Plaintiff KRW 192,519,729 and its corresponding KRW 192,26,766, from November 26, 2013. < Amended by Presidential Decree No. 24880, Nov. 26, 2013>
1. Basic facts
A. On June 4, 2009, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Plaintiff on June 3, 2010, setting the term of the guaranteed principal of KRW 190 million and the term of the guarantee until June 3, 2010 (it changed to May 31, 2014).
B. Under the credit guarantee contract of this case, when the plaintiff performed the guaranteed obligation, the defendant company agreed to pay the amount of the plaintiff's guaranteed obligation and damages for delay calculated at the interest rate of 15% per annum from the date the plaintiff performed the guaranteed obligation to the date of repayment. The defendant B, C, and D guaranteed the defendant company's obligation to the plaintiff.
C. On September 25, 2013, the Defendant Company caused a credit guarantee accident as a result of the suspension of transactions following the default of checks. On November 22, 2013, the Plaintiff, who received the notice of an accident from the Dong branch of the National Bank sub-committee, paid the principal amount of KRW 192,63,556 on November 22, 2013 (i.e., the principal amount of KRW 190,63,556).
The Plaintiff did not refund 366,790 won to the Defendant Company. The damages for delay calculated at the interest rate of 12% per annum as determined by the Plaintiff from November 22, 2013 to November 25, 2013 for the amount of 192,266,766 won (i.e., 192,63,556 won - 36,790 won), which is the date of performance of the Plaintiff’s payment, is 252,963 won per annum from November 22, 2013 to 25, 2013.
E. Meanwhile, Defendant B entered into a mortgage agreement with Defendant E on May 19, 2013 with respect to the real estate listed in the separate sheet No. 1, which is one of the Defendant Company’s representative directors, as the only property (hereinafter “instant real estate”). Defendant E concluded a mortgage agreement with Defendant E on May 19, 2013, and completed the registration of establishment of a neighboring mortgage under the Act No. 42606 of the receipt of the Namdong District Court’s receipt of the Namdong Branch Office, and Defendant F entered into a mortgage agreement with Defendant F on June 13, 2013, and Defendant F concluded the mortgage agreement with Defendant F on September 26, 2013.