사해행위취소
1. The contract to establish a right to collateral security between B and the Defendant on November 9, 2015 concerning each land listed in the separate list between B and the Defendant.
1. Facts of recognition;
A. On November 4, 2011, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) on the guaranteed principal amount of KRW 5400,00,000, and on the same day C borrowed KRW 60,000 from the Industrial Bank of Korea, issued a credit guarantee agreement.
B. At the time, B, the representative of C, was jointly and severally guaranteed the obligation owed by C to the Plaintiff pursuant to the above credit guarantee agreement.
C. According to a credit guarantee agreement concluded with the Plaintiff, when the Plaintiff is notified of a credit guarantee accident or requested to discharge a guaranteed obligation by the creditor of the credit guarantee (Article 5(1)8 of the Credit Guarantee Agreement), the Plaintiff has a prior right to indemnity (Article 5(1)8 of the Credit Guarantee Agreement), the interest rate for damages incurred by subrogation is 12% per annum until January 31, 2016, and 10% per annum from the following day.
C on October 30, 2015, the Industrial Bank of Korea issued a notice of the occurrence of the guaranteed accident to the Plaintiff on November 5, 2015.
Accordingly, on December 10, 2015, the Plaintiff subrogated for KRW 54,580,664 ( principal KRW 54 million and interest KRW 580,664 from August 31, 2015 to December 9, 2015).
E. C, upon the Plaintiff’s subrogation, was liable for reimbursement of KRW 55,958,206 (amounting to KRW 54,580,664 + additional guarantee fee of KRW 130,190 + procedural expenses + the unpaid balance of KRW 1,247,352).
F. The Plaintiff filed an application with C and B for a payment order claiming the performance of the above amount of reimbursement, etc., and the said payment order was finalized on December 3, 2016.
(G) On the other hand, B, a joint and several surety of the Daegu District Court, concluded a mortgage agreement with the Defendant on November 9, 2015 regarding each of the lands listed in the separate sheet (hereinafter collectively referred to as “joint and several lands”) (hereinafter referred to as “instant mortgage agreement”), and on the same day, the debtor B and the maximum debt amount KRW 40 million in the future of the Defendant.