사해행위취소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 15,450,435 and KRW 14,745,364 among them. < Amended by Presidential Decree No. 2590, May 9, 2019>
1. Facts of recognition;
A. On November 28, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a content of the credit guarantee principal of KRW 20,000,000, and the guarantee term of November 26, 2021 (hereinafter “instant credit guarantee agreement”), and issued a credit guarantee certificate to Defendant A.
B. On the other hand, Defendant B provided a joint and several surety for the amount of indemnity to be borne by Defendant A when the Plaintiff fulfilled the credit guarantee obligation under the credit guarantee agreement in this case.
C. Defendant A submitted a credit guarantee certificate issued under the instant credit guarantee agreement to the D Bank and received a loan from the D Bank.
After that, around September 2018, Defendant A lost the benefit of time due to the delay in payment of interest to D Bank (the occurrence of a credit guarantee accident). The Plaintiff subrogated to D Bank 14,745,364 won on May 9, 2019 upon the request for performance of guaranteed obligation by D Bank, and the legal procedure cost incurred by the Plaintiff for the preservation of indemnity claim is KRW 705,071.
E. When the Plaintiff performed the guaranteed obligation at the time of the credit guarantee agreement, the Plaintiff and Defendant A agreed to pay the Plaintiff the amount of the Plaintiff’s guaranteed obligation performance, damages for delay in accordance with the rate set by the Plaintiff from the date of subrogation to the date of repayment, and the expenses incurred by the Plaintiff in performing the guaranteed obligation. The rate of damages for delay determined by the Plaintiff is ten percent per annum
F. On the other hand, on August 6, 2018, Defendant B entered into a sales contract with Defendant C to sell the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”), and on September 11, 2018, Defendant C completed the registration of ownership transfer on the instant real estate based on the said sale in the future.
G. At the time of the registration of transfer of ownership, the real estate in this case is Defendant B.