사해행위취소
1. From May 28, 2015 to June 8, 2016, Defendant A paid KRW 41,652,961 to the Plaintiff and KRW 41,652,961 of the said money.
1. Basic facts
A. On October 14, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A, whereby the principal of the credit guarantee is KRW 42,500,000, and the credit guarantee period is October 20, 2018. (2) Defendant A obtained a loan of KRW 50 million from the Nonghyup Bank Co., Ltd. as collateral security on October 14, 2013.
3) According to the aforementioned credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, Defendant A paid the Plaintiff the amount of the performance of the guaranteed obligation and the amount of damages calculated by the Plaintiff’s calculation method (12% per annum from July 1, 2013 to June 1, 2013) as determined by the Plaintiff from the date of repayment to the date of repayment, and Defendant A paid the Plaintiff the expenses required for the execution, preservation, exercise, and legal procedure of the claim. 4) Defendant A paid the interest on the said loan on February 24, 2015.
Upon receipt of notice from the Nonghyup Bank Co., Ltd. on May 23, 2015, the Plaintiff subrogated the principal amount of KRW 42,99,101 (i.e., principal amount of KRW 42,50,000) to the Nonghyup Bank Co., Ltd. on May 28, 2015 (i.e., principal amount of KRW 42,50,000). The Plaintiff recovered KRW 1,346,140 from Defendant A and appropriated it for repayment, and the costs (payment by subrogation) required in legal procedures are KRW
B. On January 10, 2015, Defendant A entered into a real estate sales contract and cancelled the right to collateral security (hereinafter “instant land”) with Defendant B, a fraud, and the land listed in attached Table No. 1 (hereinafter “instant land”).
Defendant A’s share in 3/5 (hereinafter referred to as “Defendant A’s share in land”).
Meanwhile, 2/5 of the instant land was owned by Defendant B.
2) A building listed in paragraph 2 of the same list (hereinafter “instant building”)
2) The sales contract for sale (hereinafter “instant sales contract”)
(2) Defendant B entered into the instant registration of ownership transfer on February 9, 2015 (hereinafter “instant registration of ownership transfer”).
(3) At the time of the conclusion of the instant sales contract, the instant land and building were completed.