사해행위취소
1. As to KRW 23,016,063 and KRW 19,606,775 among the Plaintiff, Defendant A shall be 12% per annum from January 9, 2014 to January 31, 2016.
1. Facts of recognition;
A. On April 20, 201, the Plaintiff entered into a credit guarantee agreement with Defendant A with a credit guarantee principal of KRW 27 million and the credit guarantee period as of April 19, 201 (hereinafter “instant credit guarantee agreement”) and issued a written credit guarantee agreement.
Since then, the credit guarantee term of the instant credit guarantee agreement was changed to April 18, 2014.
On April 20, 201, Defendant A obtained a loan of KRW 30 million from the E Bank as security for the said credit guarantee certificate.
On November 20, 2013, Defendant A delayed repayment of interest to E Bank, and E Bank notified the Plaintiff of a credit guarantee accident on November 3, 2013.
Accordingly, on January 9, 2014, the Plaintiff repaid the total of KRW 27,311,572 to the E Bank in subrogation of the Defendant A, total of KRW 27 million and interest KRW 31,572.
Under the credit guarantee agreement of this case, the remaining principal amount to be paid by Defendant A to the Plaintiff is KRW 19,606,775, KRW 2,761,548, and advance payment is KRW 647,740.
The agreed damages rate determined by the Plaintiff is 12% per annum from December 1, 2012 to January 31, 2016, 10% per annum from February 1, 2016 to March 31, 2019, and 8% per annum from April 1, 2019 to May 23, 2019.
B. On June 26, 2018, Defendant A, including the donation contract between Defendant A and Defendant B, entered into a donation contract (hereinafter “instant donation contract”) with respect to the real estate listed in the attached Table 1, 2, and 3 (hereinafter “instant real estate”) with Defendant B (hereinafter “instant real estate”). On June 27, 2018, Defendant B completed the ownership transfer registration for the instant real estate (hereinafter “instant transfer registration”).
At the time of the conclusion of the donation contract of this case, regarding the instant real estate (excluding the real estate indicated in paragraph (3) of the attached list), the establishment registration of a mortgage of KRW 260,000,000,000 for the creditor FF association, the maximum debt amount of KRW 260,000,000 and the establishment registration of a mortgage of KRW 150,000,000 for creditors FF association, and the maximum debt amount of KRW 150,000 (hereinafter