사해행위취소를 원인으로 한 원상회복청구
1. A contract establishing a right to collateral security concluded on October 13, 2015 between B and the Defendant regarding the real estate stated in the attached list.
The judgment of this court rendered on August 7, 2016 was omitted in the determination of the claim on the real estate stated in the separate sheet, which constitutes an omission of the judgment, and thus, the judgment of additional court is rendered in accordance with Article 212(1) of the Civil Procedure Act.
1. Facts of recognition;
A. A. (1) B (the Defendant’s birth) received a loan of KRW 38,00,000 on September 27, 2013 from Yan Agricultural Cooperative, the management institution of farmers and fishermen’s credit guarantee funds, which is the Plaintiff’s business entrusted with the Plaintiff’s business, and the Plaintiff issued a credit guarantee certificate (Guarantee Number C) on KRW 32,30,000 out of the above loan, and provided a credit guarantee for the above loan.
(2) B obtained a loan of KRW 10,00,000 from 0,000 on September 27, 2013 from 00 agricultural cooperatives, and the Plaintiff issued a credit guarantee certificate (Guarantee Number D) on KRW 8,500,000 out of the above loan and provided a credit guarantee for the above debt.
(3) B obtained a loan of KRW 50,000,000 from the Yangju Livestock Industry Cooperatives on December 7, 2011, and the Plaintiff issued a credit guarantee certificate (Guarantee Number H) as to KRW 50,000,000 corresponding to the said loan, and provided a credit guarantee for the said loan.
(4) B obtained a loan of KRW 40,000,000 from the Yangju Livestock Industry Cooperatives on October 30, 2012, and the Plaintiff issued a credit guarantee certificate (Guarantee Number I) for the partial deposit of KRW 34,000,000 out of the above loan and provided a credit guarantee for the said debt.
(5) B failed to repay each of the above obligations to the White Agricultural Cooperative. Based on the credit guarantee agreement, the Plaintiff subrogated for KRW 41,854,488 on December 30, 2015, including the total amount of KRW 33,134,804 (Guarantee Number C), KRW 8,719,684 (Guarantee Number D).
B failed to pay each of the above obligations to the Yangju Livestock Cooperatives, and the Plaintiff subrogated for KRW 86,348,433 on March 9, 2016 under a credit guarantee agreement.
As a result, the plaintiff's claim for reimbursement against B was created.
B. A fraudulent act (1) B is recorded in the attached list to the Defendant on October 13, 2015.