beta
(영문) 서울중앙지방법원 2018.05.15 2017가단47893

구상금 등

Text

1. Defendant A’s KRW 32,775,280 as well as 6% per annum from March 14, 2017 to April 12, 2017 to the Plaintiff.

Reasons

1. The plaintiff's judgment as to the claim for indemnity against the defendant A as to the claim for indemnity against the defendant A is as shown in the attached Form "Cause of Claim", and there is no dispute between the parties.

Therefore, Defendant A is obligated to pay to the Plaintiff 32,775,280 won and/or 6% per annum from March 14, 2017 to April 12, 2017, the day following the date of subrogation, 9% per annum from the next day to October 31, 2017, and 15% per annum from the next day to the date of full payment of the complaint of this case.

2. Determination as to the claim for revocation of fraudulent act against Defendant B

A. On August 31, 2016, Defendant A’s loan (hereinafter “instant loan”) granted by the Korean Teachers’ Credit Union as security for the surety insurance policy issued by the Plaintiff (hereinafter “instant loan”).

(2) On March 13, 2017, the Plaintiff paid the principal and interest of the instant loan to the Korean Teachers’ Credit Union by subrogation of KRW 32,775,280.

3) On July 7, 2016, Defendant A, his spouse, and the apartment indicated in the “Real Estate List” attached to Defendant B (hereinafter “instant apartment”).

(1) As to one-half percent (1/2) of its shares, a donation agreement (hereinafter referred to as “instant donation agreement”).

On the same day, Defendant B concluded the entire share transfer registration to Defendant B, and Defendant B sold the instant apartment at KRW 310 million to C on June 2, 2017 when the instant lawsuit was pending, and completed the registration of ownership transfer to C on June 5, 2017.

[Ground of recognition] Facts without dispute, Gap 3, 4, Eul 1, and 2, the purport of the whole pleadings

B. According to the above facts as to whether the Plaintiff recognized the preservation claim 1 on March 13, 2017, the Plaintiff acquired the claim for reimbursement against the Defendant A by subrogated the principal and interest of the instant loan amount of KRW 32,775,280 to the Korean Teachers’ Credit Union on March 13, 2017.

However, although the plaintiff's claim for the reimbursement against the defendant A was made, the donation contract of this case was concluded on 2016.