사해행위취소
1. The defendant shall pay 146,793,500 won to the plaintiff and shall be paid with full payment from the day following the day when this judgment is finalized to the day of complete payment.
1. Basic facts
A. (1) On December 18, 2008, the Credit Guarantee Fund entered into a credit guarantee agreement with A and until December 17, 2009 (the period following the agreement was changed to December 11, 2015) by setting a credit guarantee agreement. A submitted a credit guarantee agreement issued from the Credit Guarantee Fund to the Bank to obtain small and medium enterprise loan. According to the said credit guarantee agreement, A agreed to pay the amount subrogated to the Credit Guarantee Fund and any incidental expenses, such as delayed payment, penalty, and legal procedure expenses paid by the Credit Guarantee Fund. The rate of damages on behalf of the Credit Guarantee Fund set by the Credit Guarantee Fund was 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from the following day to the date of full payment, and the Credit Guarantee Fund was 10% per annum from the date of the payment on behalf of the Credit Guarantee Fund. < Amended by Presidential Decree No. 23428, Jul. 16, 2015>
3) On October 29, 2015, the Credit Guarantee Fund recovered KRW 190,260 from A, and due to the occurrence of KRW 724,405 of substitute payment due to legal procedures, such as provisional disposition, the claim for reimbursement against A by the Credit Guarantee Fund for reimbursement against A is KRW 96,562,394 [the claim for reimbursement against the Credit Guarantee Fund for subrogation amounting to KRW 95,837,927 ( KRW 96,028,187 - KRW 190,260)]. (b) On August 10, 2015, A is KRW 624,405 of substitute payment by subrogation as indicated in the attached list (hereinafter “instant real property”).
(2) The sales contract of this case (hereinafter “the sales contract of this case”)
(C) On August 11, 2015, the registration of ownership transfer with respect to the instant real estate was completed. (c) As to the instant real estate, the maximum debt amount of KRW 810,000,000 on July 11, 2014, the debtor A, the mortgagee A, the mortgagee of the right to collateral security (hereinafter referred to as the “combined mutual savings bank”).
The establishment registration of a neighboring mortgage was completed on August 25, 2015, and was cancelled on August 25, 2015. The maximum debt amount of KRW 460,000,000 and the debtor and the debtor and the debtor of the right to collateral security are Daegu Bank Co., Ltd.