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Reasons
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(영문) 대구지방법원포항지원 2019.10.17 2019가합10250
사해행위취소
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1. As to the Plaintiff, Defendant A and C jointly and severally with the Plaintiff KRW 149,408,524 and KRW 144,839,065 among them, June 28, 2018.

Reasons

1. Claim against Defendant A, B, and C

(a) Indication of claims: as shown in Appendix 2;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

C. Partial dismissal: The statutory interest rate is amended by Presidential Decree No. 29768 on May 21, 2019 and enforced from June 1, 2019, the statutory interest rate is limited to damages for delay calculated at the rate of 12% per annum, which is the amended interest rate for delay from June 1, 2019, and the excess portion of damages for delay is dismissed.

2. Claim against Defendant D

A. On June 4, 2013, the Plaintiff entered into a credit guarantee agreement and a joint and several guarantee agreement with Defendant A, a credit guarantee agreement with the amount of 180,00,000,000 (200,000,000,000 loan amount, 90%) and the credit guarantee period from June 4, 2013 to June 1, 2014. Since then, the credit guarantee agreement was amended by the credit guarantee amount of 14,00,000,000, and the credit guarantee term of 144,00,000,000, as well as the credit guarantee period of 2018.

(hereinafter “instant Credit Guarantee Agreement”). Defendant C, the representative director of Defendant A Co., Ltd., was jointly and severally guaranteed all obligations owed by Defendant A Co., Ltd. to the Plaintiff on the same day.

B) On June 4, 2013, the Plaintiff’s credit guarantee amount of 135,00,000 won (a loan amount of 150,000,000 won, 90%) between Defendant B and Defendant B, and a credit guarantee agreement between June 15, 2017 and June 14, 2018 (hereinafter “instant credit guarantee agreement”).

(C) According to the above credit guarantee agreement on the same day, Defendant B Co., Ltd.’s auditor Co., Ltd.’s joint and several liability owed by Defendant B to the Plaintiff under the above credit guarantee agreement, if the Plaintiff performs the credit guarantee obligation, the Plaintiff shall pay the amount subrogated by the Plaintiff and from the date of subrogation to the date of full payment.

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