구상금 및 사해행위취소
Defendant A’s KRW 107,191,501 and KRW 34,880,572 among the Plaintiff’s KRW 107,191 and KRW 72,210,364.
1. The facts in the separate sheet of claim as to the claim against the defendant A do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole in each of the statements in Gap evidence 1 through 7 (including the provisional number).
Therefore, Defendant A, who jointly and severally guaranteed the obligation under each credit guarantee contract for the Plaintiff, is obligated to pay to the Plaintiff the indemnity amount of KRW 107,191,501 and KRW 34,880,572, whichever is the date of subrogation for KRW 72,210,364, which is the date of subrogation for the Plaintiff, 8% per annum from October 8, 2019 to March 13, 2020, which is the date of delivery of a copy of each complaint of this case, and damages for delay calculated at the rate of KRW 12% per annum from the next day to the date of full payment (hereinafter “claim for indemnity”).
2. Determination as to claims against Defendant B and C
A. On July 23, 2019, Defendant A entered into a sales contract with Defendant B, the mother, to sell KRW 26,000,000 of the purchase price for the real estate listed in the attached Form 1 through (4) (hereinafter “instant sales contract”) and completed the registration of ownership transfer on July 26, 2019. On July 18, 2019, Defendant A entered into a mortgage contract with Defendant B, the maximum debt amount of KRW 60,00,000 for the real estate listed in the attached Form 6, and completed the registration of ownership transfer on the same day.
B) Defendant A and the Defendant C, the wife on July 25, 2019, jointly referred to each of the real estate listed in attached Form 5 (hereinafter referred to as “each of the instant real estate”) between Defendant C and the wife on July 25, 2019.
(C) On the other hand, around July 2019, Defendant A filed an application for individual rehabilitation with the Jeonju District Court 201Hun-Ga1064 on August 20, 2019, as to the right to collateral security (based on recognition) with the lower court, Defendant C, the maximum debt amount of KRW 36,00,000,000, and the establishment of mortgage was completed on the same day. Meanwhile, each of the instant real estate was the only property of Defendant A, and around July 2019, Defendant A filed an application for individual rehabilitation with the Jeonju District Court 2019Hun-Ga10674.