사해행위취소
1. The sales contract concluded on June 27, 2017 between the Defendant and B on the real estate listed in the separate sheet is KRW 5,330,484.
1. Basic facts
A. On September 30, 2016, the Plaintiff entered into a credit guarantee agreement with B, which provides the credit guarantee principal of KRW 50 million and the credit guarantee period until September 29, 2021, with the trade name of “C”, and B issued a credit guarantee certificate necessary for obtaining a loan from D Bank (Seoul Monetary Center).
B. B was granted a loan of KRW 50 million from a D bank on September 30, 2016 under the above credit guarantee agreement, but as a result of closure on June 30, 2017, the credit guarantee accident occurred due to a loss of profit within the period of August 4, 2017. Upon receiving a request from a D bank for subrogation, the Plaintiff paid the principal amount of KRW 50,206,575 (interest of KRW 50,000,000) on behalf of the Plaintiff on September 26, 2017, and then paid the amount of KRW 1,188,936 in return for repayment of KRW 49,017,639 remains.
C. According to a credit guarantee agreement, where B pays the principal and interest of a loan to a lending institution by failing to perform the obligation to repay the loan incurred to the lending institution at the time of the credit guarantee agreement, the Plaintiff shall pay the principal and interest of the loan, and damages for delay in accordance with the interest rate as determined by the Plaintiff from the date of its implementation.
On November 27, 2017, the Plaintiff filed an application with the Daejeon District Court for an order to pay the amount of reimbursement of the amount of reimbursement of KRW 49,018,163 (24 won in subrogation) and KRW 49,017,639 out of the amount of reimbursement of KRW 49,017,639 (24 won in subrogation) and KRW 12% per annum from September 26, 2017 to January 27, 2018, and KRW 15% per annum from the next day to the date of full payment.” The payment order was served on the Plaintiff on January 27, 2018, and the payment order became final and conclusive on February 10, 2018.
E. As of August 23, 2018, Plaintiff’s claim for reimbursement against B was KRW 55,330,484 [The principal amount of KRW 524,01 by subrogation of KRW 124,013 by subrogation of KRW 524,013 by subrogation of KRW 6,188,308 (the amount of KRW 12% per annum from September 26, 2017 to January 27, 2018).