사해행위취소
1. As to KRW 118,234,245 and KRW 117,575,712 among the Plaintiff, Defendant A shall be from June 25, 2019 to July 19, 2019.
1. Facts of recognition;
A. On July 25, 2017, the Plaintiff entered into a credit guarantee agreement and a loan agreement with Defendant A (hereinafter “instant credit guarantee agreement”) with respect to “135,00,000 won to be loaned by Defendant A from the bank” (hereinafter “the credit guarantee agreement”).
The rate of delay damages under the credit guarantee agreement of this case is 10% per annum from February 1, 2018.
Defendant A provided a credit guarantee certificate issued by the Plaintiff as security pursuant to the instant credit guarantee agreement and received a loan from C Co., Ltd (hereinafter “C Bank”).
B. Upon the Defendant A’s delinquency in paying the interest due to the Plaintiff’s subrogation and loss of the interest due to February 25, 2019, the Plaintiff subrogated to C Bank for the principal amounting to KRW 117,575,712 (i.e., principal amounting to KRW 115,425,150,712) (i.e., principal amounting to KRW 115,425,150,712); and (ii) KRW 658,533, supra; and (iii) KRW 118,234,245,712 (i.e., KRW 117,575,712) and caused the claim for indemnity.
C. On February 11, 2019, the Defendants concluded a mortgage agreement between the Defendants on each of the real estate listed in the separate sheet, Defendant A (hereinafter “each of the instant real estate”) (hereinafter “instant mortgage agreement”) with regard to the mortgage owner B, the maximum debt amount, 33,000,000, and completed the registration of establishment of the collateral on February 13, 2019.
Since November 26, 2007 or July 25, 2008, the registration of provisional seizure (the claimed amount of KRW 46,26,000) was completed on February 1, 2019 with respect to each real estate listed in the separate list Nos. 1 through 3, the current status of each real estate of this case and each real estate of this case in arrears by Defendant A, the maximum debt amount of KRW 300,000,000, the debtor, A, and the Industrial Bank of Korea (hereinafter referred to as the "existing Mortgage"), and the registration of provisional seizure (the claimed amount of KRW 46,26,00) was completed on February 1, 2019.
In addition, the mortgage contract of this case is established.