사해행위취소
1. As to KRW 41,586,216 and KRW 41,303,297 among the Plaintiff, Defendant A shall be from July 28, 2018 to December 4, 2018.
1. Facts of recognition;
A. 1) The Plaintiff was requested by the Defendant A to provide a guarantee for the obligation to repay loans, and on April 8, 2010, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant guarantee agreement”) with the Defendant A as stipulated under the credit guarantee agreement (hereinafter “instant guarantee agreement”) on April 7, 201, as between the guaranteed and the Defendant A, the guaranteed amount of KRW 50,000,000,000,000,000 won, as the opposite party to the guarantee, and the due date of the guarantee.
(2) According to the instant guarantee agreement, Defendant A is obligated to pay the Plaintiff guarantee fee, overdue guarantee fee, additional guarantee fee, etc., and when the Plaintiff performed the guaranteed obligation, Defendant A is obligated to pay the amount of performance, the rate of delay damages as determined by the Plaintiff from the date of performance to the date of repayment, and damages for delay calculated in accordance with the calculation method.
3) The Plaintiff’s rate of delay damages determined is 12% per annum from September 30, 2013 to May 20, 2018, and 10% per annum from May 21, 2018. 4) Defendant A was loaned KRW 50 million at the point of Samsandong in the D Bank based on the credit guarantee form issued by the Plaintiff on April 8, 2010.
B. The Plaintiff’s subrogation 1) Defendant A lost the benefit of the period of the loan by filing an application for individual rehabilitation on January 5, 2018, and D Bank filed a claim for deposit with the Plaintiff on January 30, 2018, and the Plaintiff repaid KRW 41,303,297 in total on July 18, 2018. (2) The damages for delay from July 18, 2018 to July 27, 2018, which is the date of subrogation for the payment by subrogation, from July 18, 2018 to July 27, 2018, are KRW 113,519, and additional guarantee fees from the date following the maturity of the guarantee to the date of repayment are KRW 169,760.
C. The Defendants’ conclusion of the instant sales contract and cancellation of the right to collateral security (1) Defendant A and Defendant B, on November 30, 2017, indicated in the separate sheet with Defendant B (hereinafter “instant real estate”).
(2) On January 17, 2018, Defendant B entered into a sales contract with the purchase price of KRW 280 million and completed the registration of ownership transfer in the future of Defendant B on the same day.