사해행위취소
1. The Defendant A and B Co., Ltd are jointly and severally liable to the Plaintiff for KRW 11,647,303 and KRW 11,268,90 among them. < Amended by Presidential Decree No. 2506, Mar. 26, 2019>
On November 10, 2016, Defendant A entered into a credit guarantee agreement with the Plaintiff and borrowed KRW 15,000,000 from D Bank, and Defendant B jointly and severally guaranteed the recourse money in accordance with the credit guarantee agreement of Defendant A.
On May 10, 2018, Defendant A caused a credit guarantee accident with the principal in arrears, and the Plaintiff subrogated for KRW 11,268,909 to D Bank on March 26, 2019.
The rate of damages for delay determined by the Plaintiff is 10% per annum.
The Plaintiff spent KRW 378,394 as the cost of preserving the claim.
On April 10, 2018, Defendant B completed on April 10, 2018 the registration of creation of a mortgage of KRW 50,000,000 to Defendant C with respect to the real estate indicated in the attached list.
Defendant B did not have any other property than the above real estate at the time.
[Ground of Recognition: The Plaintiff and Defendant A are jointly and severally liable to pay damages for delay to the Plaintiff amounting to KRW 11,647,303 and the principal amount of subrogation amounting to KRW 11,268,909, in full view of the above fact-finding.
Meanwhile, the offering of real estate listed in the separate sheet, which is the only property of Defendant B, to Defendant C as security, is a fraudulent act that lacks the security of other creditors, and the bad faith of Defendant C is presumed, so the mortgage contract should be revoked by fraudulent act, and Defendant C has the obligation to cancel the registration of establishment of a neighboring mortgage.