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Reasons
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(영문) 서울고등법원 2016.06.10 2015나2054453
사해행위취소
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) D Co., Ltd. (hereinafter “Nonindicted Company”)

(2) On March 7, 2005, the Plaintiff entered into a credit guarantee agreement with the effect that the principal of the guarantee is KRW 297,500,000, the term of the guarantee is March 6, 2006; the loan is extended to small and medium enterprise funds; the loan is extended to the Plaintiff when the Plaintiff performs the credit guarantee obligation, the non-party company entered into a credit guarantee agreement with the Plaintiff to pay to the Plaintiff the amount of the subrogated payment and the damages for delay as determined by the Plaintiff (12% per annum from December 1, 2012 to December 1, 2012) and other incidental obligations; and the credit guarantee was issued by the Plaintiff (the principal of the guarantee thereafter was 264,00,000, and the term of the guarantee was changed to February 27, 2015.

(2) The non-party company jointly and severally guaranteed all obligations owed to the plaintiff by the non-party company under the above credit guarantee agreement. (2) The non-party company was granted a loan of KRW 350,000,000 from the Industrial Bank of Korea on the basis of the above credit guarantee agreement.

3) On April 14, 2014, the Plaintiff received notice from the Industrial Bank of Korea to the effect that a credit guarantee accident occurred due to the suspension of current account transactions by a non-party company. On April 30, 2014, the Plaintiff paid the principal amount of KRW 242,84,221 (i.e., the principal amount of KRW 241,970,492) by subrogation to the Industrial Bank of Korea on April 30, 2014 (i.e., the principal amount of KRW 241,970,492). After recovering KRW 4,383,120, the remainder of the subrogated amount as at the time of subrogation is KRW 238,461, supra. Furthermore, the amount of damages for final delay arising from the date of subrogation to the date of collection of the subrogated amount is KRW 1,441 (i.e., KRW 4,383,120 x 1/365 x 12%). B of the real property in this case.

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