사해행위취소
1. As to real estate listed in the separate sheet:
A. A sales contract concluded on October 6, 2017 between the Defendant and B is concluded between the Defendant.
1. Facts of recognition;
A. (1) On March 6, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant guarantee agreement”) with the non-party company C (hereinafter “non-party company”) pursuant to the credit guarantee agreement between March 6, 2009 and March 5, 2010 (the extension from March 6, 2009 to March 2, 2018) to guarantee the repayment of loans to the bank of the non-party company (hereinafter “Korea bank”). The non-party company was granted a loan of KRW 100 million from the Korean bank on March 13, 2009.
(2) B, the representative director of the non-party company, guaranteed the indemnity liability owed by the non-party company to the Plaintiff according to the instant guarantee agreement.
B. (1) On October 14, 2017, the Plaintiff’s subrogation (i) caused a guarantee accident under the instant guarantee agreement on the ground of a natural body. Accordingly, on December 29, 2017, the Plaintiff subrogated to the Bank for the principal amounting to KRW 73,118,663 (i.e., interest of KRW 72,00,000).
(2) The Plaintiff filed an application with Nonparty Company and B for conciliation against Nonparty Company and B seeking reimbursement of reimbursement under the instant guarantee agreement with the Seoul Western District Court Decision 2018SY37544.
On June 1, 2018, the above court rendered a decision in lieu of conciliation that "the company B and the company B jointly and severally with the Plaintiff to pay 73,124,64 won and 73,118,663 won out of the said money to the Plaintiff, 10% per annum from December 29, 2017 to March 23, 2018, and 15% per annum from the next day to the date of full payment." The above decision was finalized on June 22, 2018.
C. B, on October 6, 2017, a sales contract for real estate listed in the separate sheet, entered into a sales contract with the Defendant, as indicated in the separate sheet (hereinafter “instant land”) with the purchase price of KRW 42 million as to the real estate listed in the separate sheet (hereinafter “instant sales contract”), and on November 1, 2017, order 1-B regarding the instant land to the Defendant on November 1, 2017
(b).