사해행위취소
1. The sales contract concluded on February 10, 201 between the Defendant and B on the real estate listed in the separate sheet is KRW 16,810,401.
1. Determination as to the cause of claim
A. 1) The Plaintiff entered into a credit guarantee agreement with B, as indicated below, and issued a letter of credit guarantee. B, on October 1, 2010, is the Industrial Credit Union (hereinafter “Industrial Credit Union”).
() Pursuant to the agreement under Article 1, the Bank was granted loans of KRW 6,00,000, and KRW 15,000,000 from the Nonghyup on September 30, 2013, respectively pursuant to the agreement under Article 2. On October 1, 2010, the term of guarantee for the guaranteed amount on the date of guarantee (85% of the guaranteed rate) and the amount of KRW 5,100,000 on September 30, 2015 (35% of the guaranteed rate) (2) from the loans related to the occurrence of credit guarantee accidents and payment by subrogation under the agreement under Article 2, and the occurrence of delinquency in payment from the loans related to the first agreement on May 1, 2014 to the second agreement. < Amended by Presidential Decree No. 24148, Sep. 28, 2018>
Accordingly, on September 29, 2014, the Plaintiff paid KRW 1,680,888 according to the agreement under Article 1 to the Simsan New Bank, and KRW 15,249,247 by subrogation to the Nonghyup Bank on September 29, 2014 pursuant to Article 2.
As a result, the Plaintiff created the claim for indemnity amounting to KRW 16,810,401 (=2,136 won for unpaid guarantee fee 141,870 won for unpaid guarantee fee - KRW 15,249,247) based on the second agreement of KRW 1,680,888 on the amount of subrogation under the agreement under the first agreement.
Article 10 (Scope of Repayment) (1) When a foundation fulfills a guaranteed obligation, the principal and the joint guarantor shall pay the following amounts immediately:
1. Performance amount of surety obligations;
2. The rate set by the Foundation from the date of performance to the date of repayment for the amount under subparagraph 1, and the amount calculated according to the calculation method.
3. Expenses incurred in performing guaranteed obligations;
4. Expenses incurred in the preservation, transfer and exercise of any right acquired through the discharge of guaranteed liabilities;
5. Unpaid guarantee fees, overdue guarantee fees, and additional guarantee fees.
6. Compensation for delay calculated by multiplying the amount paid under subparagraphs 3 and 4 by the rate prescribed by the Foundation from the date of payment to the date of repayment. 3B property disposal.