사해행위취소
1. The lawsuit of this case against the defendant A is dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
1. Basic facts
A. On October 7, 2015, the Plaintiff entered into a credit guarantee agreement and a loan (1) with Defendant A with a credit guarantee agreement with the term of October 7, 2020 (hereinafter “the instant credit guarantee agreement”).
Defendant A received a loan from F Co., Ltd. (hereinafter “F”) as collateral by a credit guarantee letter issued by the Plaintiff on the same day.
(2) According to the Credit Guarantee Agreement (Article 10), the Plaintiff shall pay the Plaintiff the amount of subrogation and the amount of damages calculated by the rate and calculation method determined by the Plaintiff from the date of performance of the guaranteed obligation to the date of repayment, the expenses incurred in the performance of the guaranteed obligation, the expenses incurred in the preservation and exercise of the right acquired from the performance of the guaranteed obligation, the unpaid guarantee fee, additional guarantee fee, and the overdue guarantee fee.
B. (1) On July 8, 2017, Defendant A lost the benefit of time due to the delay in paying the principal of the instant loan, and on July 18, 2017, F notified the Plaintiff of the occurrence of a guarantee accident and recovered KRW 16,723,883 by subrogation to F on August 23, 2017 in accordance with the instant credit guarantee agreement and collected KRW 334,40,00.
(2) The rate of damages for delay determined by the Plaintiff with respect to the above subrogated amount is 12% per annum from the date of subrogation to the date of collection thereof, and the outstanding amount is 109 won for damages determined from the date of subrogation to the date of collection thereof, and 174,243 won for the legal procedure expenses paid by the Plaintiff for the preservation, etc. of
C. (1) The Defendant A completed the registration of transfer of ownership (the transaction value of KRW 161 million) on July 5, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant B on July 13, 2017.
(2) The instant real estate as of August 21, 2015.