사해행위취소
1.The judgment of the first instance, including a claim that has been changed in exchange in this Court, shall be changed as follows:
1. Basic facts
A. On June 4, 2009, the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”) entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Plaintiff on June 3, 2010, setting the guarantee principal of KRW 190 million and the guarantee term until June 31, 2010 (a change between the Plaintiff and the end of May 31, 2014).
B. According to the credit guarantee contract of this case, A shall pay the amount of the Plaintiff’s performance of the guaranteed obligation and the damages for delay calculated at the interest rate of 15% per annum from the date the Plaintiff performed the guaranteed obligation until the date of repayment. The joint Defendant D of B, C, and the first instance court (hereinafter “D”) jointly and severally guaranteed the Plaintiff’s obligation.
C. On September 25, 2013, A had a credit guarantee accident due to the suspension of transactions following the default of checks. On November 22, 2013, the Plaintiff, who received the notice of accident from the Dong branch of the National Bank of Korea, on November 22, 2013, paid the principal (i.e., the principal amount of KRW 190,633,556) on behalf of the Plaintiff (i.e., the principal amount of KRW 190,000,63,556).
The plaintiff did not refund the guarantee fee of KRW 366,790 to A, and the amount obtained by deducting the guarantee fee not refunded from the above subrogated amount is KRW 192,266,766 (=192,63,556 - KRW 366,790).
Moreover, with respect to the above money, damages for delay calculated at the interest rate of 12% per annum as determined by the Plaintiff for four days from November 22, 2013 to November 25, 2013, which is the date of the Plaintiff’s performance, is KRW 252,963.
E. On May 19, 2013, as the representative director of A, 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 his own property (hereinafter “instant one real estate”), and the registration of the establishment of a neighboring mortgage was completed to Defendant E as the Namdong Branch of Incheon District Court No. 42606.
F. C is the wife of B, and on May 24, 2013, in the case of this case 2.