사해행위취소
1. Defendant A, B, C, and D are jointly and severally liable to the Plaintiff for KRW 1,965,477,306 and KRW 1,961,694,972 among them.
1. Basic facts
A. When Defendant A Co., Ltd. (hereinafter “Defendant A”) obtains a loan from the Industrial Bank of Korea, the Plaintiff entered into an individual credit guarantee agreement with Defendant A (hereinafter “each credit guarantee agreement” and, in general, issued a credit guarantee agreement pursuant thereto. Defendant B, C, and D jointly and severally guaranteed Defendant A’s obligations under each credit guarantee agreement of this case.
The guarantee term of the first guarantee of the principal of the credit guarantee date of the agreement is changed from June 3, 2008 to June 2, 2010, the guarantee term of 480,000,000,000 to June 2, 2010, respectively, from June 3, 2008 to December 13, 2013, respectively. < Amended by Presidential Decree No. 22190, Jan. 29, 2010; Presidential Decree No. 22000, Oct. 68, 200, 200 to January 29, 2011 to January 24, 2011; Presidential Decree No. 17503, Dec. 80, 2010; Presidential Decree No. 17507, Oct. 16, 2010>
B. According to each credit guarantee agreement in this case, when the Plaintiff performed the guaranteed obligation on behalf of the Defendant A, the Defendant A agreed to pay the Plaintiff the principal and interest on behalf of the Plaintiff and the damages for delay in accordance with the interest rate set by the Plaintiff within the scope of 25% per annum. The interest rate set by the Plaintiff is 18% per annum from January 1, 1999 to May 31, 2005, 15% per annum from the next day to November 30, 2012, and 12% per annum from the next day to the next day.
C. Defendant A loaned KRW 600,000,000 as security for the first guarantee from the Industrial Bank of Korea, KRW 800,000,000 as security for the second guarantee, and KRW 1,00,000,00 as security for the third guarantee, and on October 1, 2013, the corporate rehabilitation procedure was initiated by Busan District Court 2013,222, thereby losing the benefit of each of the above loans.
Accordingly, on October 15, 2013, the Plaintiff is the principal and interest of loans extended to the Industrial Bank of Korea due to the primary guarantee, KRW 481,720,474, and the secondary guarantee.