사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
1. Basic facts
A. On February 24, 2009, the Plaintiff entered into a guarantee agreement and subrogated payment (hereinafter “instant company”) and (1) on February 24, 2009, the guaranteed amount of KRW 475,000,000 (the subsequent change to KRW 425,00,000) and February 24, 2010 (the subsequent extension to February 14, 2018); (2) on August 29, 2012, the guaranteed amount of KRW 450,000,000,000, and the guaranteed period of KRW 30,000 on August 29, 2013 (the second extension to August 24, 2018); and (3) on August 5, 2013, each extension to the guaranteed amount of KRW 10,000,000,000,000,000 after the guarantee period of KRW 14,15,2014.
Pursuant to the first guarantee agreement, the instant company was granted loans of KRW 425,00,00,000,2,3, and 450,000,000, 510,000,000, and 85,000,000,000 from the branch of the Changwon of the Industrial Bank of Korea under the first guarantee agreement.
B under the above guarantee agreement, the company of this case jointly and severally guaranteed all obligations owed by the company to the plaintiff.
In each guarantee agreement, the instant company and B decided to pay the Plaintiff the repayment amount of the guaranteed obligation and the damages for delay, etc. in accordance with the rate determined by the Plaintiff (10% per annum and from March 13, 2018, changed from March 13, 2018).
On December 29, 2017, a guarantee incident occurred due to the loss of profit under the term, and the Plaintiff subrogated KRW 1,061,963,076 to the branch office of the Industrial Bank of Korea under the Guarantee Agreement on March 13, 2018, pursuant to the Guarantee Agreement on March 13, 2018 (i.e., KRW 430,875,036, KRW 2,963,076 at the branch office of the Industrial Bank of Korea established in the Bank of Korea (i.e., KRW 457, 146,43, KRW 518,383,212, KRW 86,43,421), totaling KRW 1,492,838,12.
B. B’s disposal of the property indicated in the separate sheet No. 2 on December 28, 2017, the Defendant entered into a mortgage contract with the maximum debt amount of KRW 300,000,00 with respect to the real estate indicated in the separate sheet No. 2.