사해행위취소
1. Defendant B’s KRW 113,205,577 as well as the Plaintiff’s annual amount of KRW 5.47% from May 7, 2012 to July 10, 2012.
1. Facts of recognition;
A. On December 24, 2010, Defendant B borrowed KRW 159 million from the Jinyoung branch of the National Agricultural Cooperative Federation (hereinafter “CF”) on the name of Defendant C, his wife. On the same day, the Plaintiff concluded a joint and several surety contract with the agricultural cooperative on the said loan debt, and completed the registration of the establishment of a mortgage with regard to the said loan debt amount of KRW 2,949 square meters owned by the Plaintiff as the maximum debt amount of KRW 12154, Dec. 24, 2010, with respect to KRW 190,100,000 for maximum debt amount of KRW 12154, Dec. 24, 2010, the Plaintiff formed a joint and several surety contract with the agricultural cooperative.
B. Defendant B and C did not pay interest on the above loan to the Nonghyup. On April 16, 2012, Defendant B drafted a letter of intent on repayment of the principal of the loan amounting to KRW 159 million to the Plaintiff up to May 30, 2012, and the same year.
5.1. The Plaintiff prepared a letter of intent to repay the remainder of KRW 16 million, excluding the partial payment of KRW 43 million, out of the above loan debt (hereinafter “each letter of this case”) by May 30, 2012, and delivered it to the Plaintiff.
C. On May 7, 2012, the Plaintiff agreed to take over the above loan and loan obligations against Defendant C. The Plaintiff completed the registration of change of the right to collateral security as to May 7, 2012 on the same day, which was received on the same day as the acquisition of a contract on May 7, 2012, by changing the debtor’s name of the registration of establishment of the right to collateral security as to each of the above real estate.
On April 16, 2012, the Plaintiff paid interest of KRW 1,05,577 from March 24, 2012 to April 23, 2012, including deposit of KRW 738,674, interest calculated at the rate of 5.47% per annum from March 24, 2012 to April 23, 2012.
E. Defendant B paid to the Plaintiff KRW 3 million on April 18, 2012, KRW 40 million on April 30, 2012, KRW 30 million on April 30, 2012, and KRW 46 million on May 6, 2012 through Defendant C, and paid KRW 850,000 on May 22, 2012.
F. Meanwhile, on August 8, 2011, Defendant B’s real estate listed in the separate sheet 1, 2 (1) (hereinafter “instant building Nos. 801 and 802”) owned by it is KRW 257 million against Defendant D.