사해행위취소
1. The judgment of the first instance court, including the purport of the claim that was modified in exchange at the trial, shall be modified as follows:
1. Facts of recognition;
A. On August 4, 2010, Defendant A entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with the Plaintiff with the content that the guarantee counterpart would be a national bank, the amount guaranteed, the amount guaranteed to KRW 42,500,000, and the period of guarantee until August 3, 2011 (finally, the amount guaranteed was changed to KRW 39,100,000, and the period of guarantee was changed to August 2, 2013). The Defendant A borrowed KRW 50,000,000 from the national bank on August 5, 2010.
B. Under the instant credit guarantee agreement, when the Plaintiff Fund performs its guaranteed obligation, Defendant A shall reimburse the amount of the Plaintiff’s additional debt performance amount and its amount calculated at the rate set by the Plaintiff Fund from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, the expenses incurred in the preservation, transfer, and exercise of the right acquired from the discharge
C. Upon the occurrence of a credit guarantee accident under which Defendant A loses the benefit of time by closing his/her business on November 1, 2012, the Plaintiff Fund subrogated to the National Bank for the principal and interest of 39,652,145 won (the principal =39,100,000 + interest 552,145 won + interest 552,145 won) on December 28, 2012, on behalf of the Defendant A, on behalf of the National Bank. The amount of 464,910 won collected and the amount of subrogated payment is 39,187,235 won (=39,652,145 won - 464,910 won).
At the time of the credit guarantee agreement of this case, the interest rate for arrears determined by the Plaintiff Fund is 12% per annum, and the amount of final damages for the collected amount is 152 won.
E. Around October 12, 2012, Defendant A owned 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate”). On October 12, 2012, Defendant B, like other equity right holders C, sold the instant real estate in KRW 180,000,000, but concluded a sales contract to pay the remainder of KRW 175,000,000 on October 22, 2012 (hereinafter “the instant sales contract”).
Defendant A and C shall register each share of the instant real estate on October 22, 2012 (hereinafter in this case).