사해행위취소
1. As to KRW 117,808,299 and KRW 115,60,574 among the Plaintiff, Defendant A’s year from May 21, 2014 to September 6, 2014.
1. Determination as to the claim against the defendant B
(a)as shown in the reasons for the attachment of the claim;
(b) Articles 208(3)1 and 257 of the Civil Procedure Act;
2. Determination as to claims against Defendant A and C
A. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1 to 6 (including the paper number), the fact inquiry results in the Court Administration of this Court, and the purport of all pleadings.
1) On October 28, 2013, the Plaintiff: (a) KRW 99,00,000; and (b) KRW 42,50,000; (c) the guarantee period from October 28, 2013 to October 27, 2014; and (d) two cases of a credit guarantee agreement with the creditor Han Bank (hereinafter “each of the instant agreements”).
(2) According to each of the instant agreements, where the Plaintiff performed the guaranteed obligation as a credit guarantee service provider of Defendant A, Defendant A decided to reimburse the Plaintiff’s amount of the guaranteed obligation and the amount of damages incurred in the preservation, transfer, and exercise of the obligation at a certain rate from the date of performance to the date of full payment. The rate of damages for delay is 12% per annum from May 21, 2014 to the date of the closing of argument in this case.
3) On January 13, 2014, when a credit guarantee accident occurred where Defendant A was provisionally seized the place of business, the Plaintiff paid 143,697,494 won of Defendant A’s debt to Han Bank on May 21, 2014, and paid 449,030 won to Defendant A at the expense of preserving the claim. After which the Plaintiff collected 30,758,491 won until January 14, 2015, and appropriated the amount of subrogated payment and expenses, 115,60,574 won, and damages for delay incurred until January 14, 2015 were remaining 2,207,725 won until January 14, 2015.4) Defendant A entered into a contract with Defendant B and each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). Defendant A received each of the instant real estate under the jurisdiction of the Daegu District Court as the date of receipt of each of the instant contract.