사해행위취소
1. Defendant A’s KRW 22,565,396 as well as 12% per annum from November 15, 2016 to April 7, 2017, respectively, to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff’s claim for reimbursement against Defendant A 1) On September 29, 2014, the Plaintiff determined the amount of security deposit of KRW 30 million between Defendant A and the guarantee period of KRW 1,00,000,000 as of October 1, 2018 and the Plaintiff’s Han Bank Co., Ltd. (hereinafter “I Bank”) (hereinafter “I Bank”).
(2) On September 29, 2014, Defendant A loaned KRW 30 million from one bank as collateral but lost the benefit of time on July 29, 2016 by delinquency in paying the principal and interest.
3) On November 15, 2016, the Plaintiff subrogated for KRW 22,616,713 of the Defendant A’s above loans to Han Bank, and recovered KRW 51,317 thereafter. 4) The interest rate on delay damages for indemnity obligations under the said credit guarantee contract is 12% per annum since April 29, 2015.
B. Defendant A’s property disposal act 1) Defendant A’s real estate indicated in the [Attachment List (hereinafter “instant apartment”) equivalent to approximately KRW 392,500,000,000 at the market price, which was the property practically exclusive to Defendant B, the mother on August 16, 2016.
As to the sales contract on August 16, 2016 (hereinafter “instant sales contract”).
(2) At the time of the instant purchase and sale contract, the establishment registration was completed in the name of the non-party B, the maximum debt amount of KRW 225.6 million and the maximum debt amount of KRW 1222.4 million, respectively, with respect to the apartment of this case, respectively, under the name of the non-party B, the establishment registration was completed in the name of the non-party B, the maximum debt amount of KRW 40 million, but the establishment registration was completed in the name of the non-party B, the ownership registration and the maximum debt amount of KRW 297,00,000,000. After the instant purchase and sale contract was completed, each of the above establishment registration was revoked.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, and non-Nen Capital Co., Ltd. of this Court.