사해행위취소
1. The contract to establish a mortgage between the Defendant and B on November 21, 2018, which was concluded with regard to the real estate stated in the attached list.
1. Facts of recognition;
A. The Plaintiff entered into three guarantee agreements (hereinafter “each of the instant guarantee agreements”) between B and B on the obligations of loans to financial institutions as listed in the following table, and B was loaned by C Co., Ltd. (hereinafter “C”).
D E EF
B. Following the revision of each guarantee agreement of this case, the term of guarantee and amount of guarantee of “Guarantee 1” was changed to KRW 85 million on February 25, 2019, KRW 200,000, KRW 170,000 on November 15, 2018, KRW 170,000 on the guarantee term and amount of guarantee of “Guarantee 2,” and KRW 3,000 on the guarantee term and amount of guarantee of “Guarantee 3,” respectively.
C. Upon delinquency in paying the principal and interest of each of the above loans to Section B, C notified the Plaintiff of a guarantee accident under each of the instant respective guarantee agreements on November 23, 2018.
On January 25, 2019, the Plaintiff acquired the claim for indemnity against B by subrogation of the principal and interest of each of the instant guarantee agreements (i.e., KRW 186,298,147 Guarantee 2171,712,342 Guarantee 3192,195,827).
As of January 25, 2019, the Plaintiff recovered KRW 93,840 as to the guarantee agreement on January 25, 2019, and as of January 25, 2019, the amount of the Plaintiff’s claim for indemnity against B is KRW 450,112,476 (=450,206,316 – 93,840) and the amount calculated by applying the rate of 10% per annum of the agreed penalty from January 26, 2019 to the date of full payment, and the additional guarantee fee is KRW 728,760, 684,60,60.
E. On November 21, 2018, the Defendant concluded a mortgage contract with the maximum debt amount of KRW 70 million as to the real estate indicated in the attached list No. B (hereinafter “instant real estate”), and concluded a mortgage contract with the mortgagee as the Defendant (hereinafter “mortgage contract”). On the same day, the Defendant completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) pursuant to Article 420708, which was received by the Incheon District Court.
F. The instant real estate causes 17,909,740 of the claimed amount on August 23, 2018.