구상금 및 사해행위취소
1. Among the lawsuits for quasi-deliberation of this case, the grounds for retrial under Article 451(1)5 and 9 of the Civil Procedure Act are relevant to the grounds for retrial.
The facts under the final decision subject to quasi-examination are significant or obvious in records in this court.
On February 16, 2012, the Plaintiff, as the representative director of the F Co., Ltd. (hereinafter “E”), jointly and severally guaranteed the Plaintiff’s obligation under a credit guarantee agreement concluded with the Plaintiff regarding the obligation of loans to Jeonbuk Bank Co., Ltd. on May 18, 2010, as the former Jeju District Court 2012Ga1022, the Co., Ltd. (hereinafter “E”), the Plaintiff assumed the liability of indemnity against the Plaintiff upon payment of the said loan to the Jeonbuk Bank Co., Ltd. on December 23, 2011. Accordingly, on March 23, 2011, the Plaintiff filed for the registration of the instant apartment (hereinafter “the instant apartment”) with the Defendant, which was the only property of his spouse B, and the Defendant filed for the registration of the instant apartment (hereinafter “the instant apartment”) on March 23, 2012, as the subsequent purchaser’s right of indemnity against the Defendant, who completed the registration of the establishment of the instant apartment (hereinafter “the instant gift”).
Then, the Plaintiff changed the purport of the claim against the Defendant and B to seek compensation for value, such as the purport of the claim, by performing the duty of restoration.
Decisions
1. The rehabilitation debtor F Co., Ltd. and E, jointly and severally, share the amount of KRW 361,889,317 and KRW 359,436,33 among them, 14% per annum from December 23, 2011 to February 24, 2012, and 20% per annum from the following day to the date of full payment.