사해행위취소
Defendant A’s annual interest in KRW 18,898,772 and KRW 18,847,083 among the Plaintiff, from July 10, 2020 to August 12, 2020.
1. Facts of recognition;
A. 1) Defendant A entered into a credit guarantee agreement and a loan; Defendant A entered into a credit guarantee agreement with the Plaintiff as specified in the following table (hereinafter “instant credit guarantee agreement”).
(1) According to the credit guarantee agreement of this case, the amount of the loan extended on January 19, 2020, 2000, 19,000 won on January 19, 2020, 200 on January 20, 2020, under the credit guarantee agreement of this case, the Defendant shall pay to the Plaintiff the amount subrogated to the Plaintiff and the amount of the compensation for delay by the method of calculation as determined by the Plaintiff from the date of the subrogation to the date of full payment. The Plaintiff’s interest rate for delay as determined by the Plaintiff shall be 10% per annum from May 21, 2018 to the date of full payment.
B. On June 30, 2020, when a credit guarantee accident occurred as of March 21, 2020 due to the occurrence of a guarantee accident and the Plaintiff’s subrogation as of March 21, 202, the Plaintiff subrogated to the bank for the above Defendant’s obligation. The details of the amount of subrogated and recovered, and the amount of definite delay damages between June 30, 202 and July 9, 2020 are as follows.
The amount of interest paid by subrogation as of June 30, 2020 shall be determined and paid as of June 18, 2020; 683; 3359, 730 195, 980 18,847; 083 51,689.
C. On March 3, 2020, Defendant A’s dispositive act completed the registration of creation of a mortgage of KRW 50,000,000 with respect to the instant real estate, which is one’s own possession, on the ground of the mortgage agreement (hereinafter “mortgage agreement”) concluded on March 2, 2020 against Defendant B, as the receipt of the registration office of Incheon District Court No. 102828, the maximum debt amount was 50,000.
[Ground for Recognition] Defendant A: The fact that there is no dispute, entry of evidence Nos. 1 through 8, the purport of the whole pleadings, and the purport of the whole pleadings.
2. Claim for reimbursement against Defendant A.