사해행위취소
1. The defendant shall pay 5,493,000 won to the plaintiff and 12% per annum from May 18, 2019 to the day of complete payment.
1. Basic facts
A. The Plaintiff’s Intervenor’s claim 1) The Plaintiff’s Intervenor E (hereinafter “E”) between September 8, 2015 and A, and between A and the Plaintiff’s Intervenor.
(1) The credit guarantee agreement of this case (hereinafter referred to as the “credit guarantee agreement of this case”) with the content that the debt owed to the Defendant is guaranteed on September 8, 2020 with the guaranteed amount of KRW 17,00,000,000, and the guaranteed term of
(2) A was granted a loan of KRW 20,00,000 from E to September 8, 2020 (hereinafter “instant loan”) by submitting the said credit guarantee statement issued by the Plaintiff’s Intervenor to E on the same day.
3) From October 8, 2018, A did not pay the principal and interest of the instant loan to E, and thereby lost the benefit of time. Accordingly, the Plaintiff’s Intervenor subrogated the Plaintiff’s principal and interest of the instant loan to E on March 27, 2019, KRW 8,301,371 as of March 29, 2019. (4) The Plaintiff’s Intervenor’s amount of the indemnity amount against the Plaintiff’s Intervenor is KRW 8,301,371 as of March 29, 2019, KRW 16,130 as of March 29, 2019, and KRW 6,823 as of final and conclusive damages.
B. A’s disposal of the real estate indicated in the attached list A (hereinafter “instant real estate”) on May 23, 2018 (hereinafter “instant sales contract”) to sell the instant real estate owned by A to KRW 112,00,000 as price among the Defendant on May 23, 2018 (hereinafter “instant sales contract”).
(2) On May 24, 2018, the registration of the establishment of the instant real estate was completed in the Defendant’s future. On the other hand, regarding the instant real estate, the registration of the establishment of the mortgage (hereinafter “F”), F Co., Ltd. (hereinafter “F”), the debtor, the maximum debt amount of KRW 77,00,000,000, was completed respectively, and the registration of the establishment of the mortgage (hereinafter “registration of the establishment of the first priority”) was completed in the vicinity of the mortgagee G, the debtor, the debtor, the maximum debt amount of KRW 40,000,000.