A. On February 25, 201, the Plaintiff guaranteed the Defendant’s loan of KRW 50,00,00 from the National Bank (hereinafter “National Bank”) Co., Ltd. (hereinafter “the instant loan”); the Plaintiff’s loan obligation amounting to KRW 45,00,000 (the amount changed to KRW 42,50,000) and February 24, 2012 (the amount changed to February 17, 2016). The Defendant concluded a credit guarantee agreement with the Plaintiff on February 25, 2012 (the amount changed to February 17, 2016) with the guarantee fee, subrogation, and confirmation (the interest rate set by the Plaintiff from the date of subrogation to the date of full payment with respect to subrogation), penalty (the occurrence of failure within the due date), substitute payment (the execution, exercise, and legal procedure).

The rate of damages for delay determined by the Plaintiff shall be 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016 to February 1, 2016.

B. Defendant A closed the business on January 31, 2016, and the National Bank notified the Plaintiff of a credit guarantee accident on the ground of this, February 16, 2016.

On February 29, 2016, the Plaintiff paid the loan principal of KRW 42,50,00,00, and interest of KRW 298,893 from January 5, 2016 to February 28, 2016, at least KRW 42,798,893 as the subrogated payment.

C. Penalty arising under the instant credit guarantee agreement is KRW 23,050, and the amount of subrogated payment is KRW 317,194.

On the other hand, on November 18, 2015, Defendant A entered into a sales contract with Defendant B and each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) at KRW 117,250,000 for the purchase price (hereinafter “instant sales”), and completed the registration of ownership transfer to Defendant B on December 1, 2015 for the reason of the instant sales.

At the time, Defendant A did not have any particular property except each of the instant lands, and was also liable to the creditors other than the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1-3, Gap 2-3.