사해행위취소
1. As to KRW 30,853,362 and KRW 30,853,293 among the Plaintiff, Defendant A shall be from March 16, 2013 to December 31, 2013.
1. Claim against the defendant A;
A. Facts of recognition 1) In order to secure the repayment of the principal and interest of loans that Defendant A received from the Nonghyup Branch, Defendant A shall enter into a credit guarantee agreement with the Plaintiff on August 6, 2009, the guaranteed amount of KRW 30,000,000, and the credit guarantee period from August 6, 2009 to July 28, 2014 (hereinafter “the instant credit guarantee agreement”).
(2) According to the credit guarantee agreement of this case, the Plaintiff concluded a credit guarantee agreement (guarantee number: C) and borrowed KRW 30,000,000 from the said agricultural cooperative to the said agricultural cooperative. (2) According to the credit guarantee agreement of this case, the Plaintiff bears the guaranteed liability for the loan that Defendant A received from the financial institution. In the event that the Plaintiff is liable to pay the guaranteed liability to the financial institution, Defendant A paid the amount that the Plaintiff repaid to the financial institution and the damages for delay in accordance with the interest rate determined by the Plaintiff
3) On September 29, 2012, Defendant A paid the principal and interest of the loan amounting to KRW 30,00,000 and KRW 1,022,103 to the said Nonghyup on March 15, 2013, Defendant A subrogated to KRW 31,02,02,103, and collected KRW 168,810 from Defendant A on the same day. The amount of damages for delay determined by the Plaintiff is KRW 69,00. 4) The amount of damages for delay determined by the Plaintiff is 15% per annum from December 15, 2010 to December 31, 2013 and from January 1, 2014 to December 1, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
B. According to the above facts of determination, Defendant A: (a) the principal amount of KRW 30,853,362 (= interest of KRW 30,00,000; KRW 1,022,103; KRW 69 for delay delay damages of KRW 168,810); and (b) 30,853,293 for the principal amount of KRW 30,853,293 (= interest of KRW 30,000,000 for principal amount - KRW 1,022,103 for recovery - KRW 168,810) as of March 16, 2013, which was the date of subrogation, the date of calculating damages for delay as of March 15, 2013, which was the date of subrogation for the purport of the claim, the Plaintiff had already claimed 69 won for delay damages on the day of subrogation.