사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 27, 1990, the Plaintiff entered into a credit guarantee agreement with Nonparty B on a credit guarantee amount of KRW 50,000,000, and one-year credit guarantee period of KRW 1,000 (hereinafter “instant first guarantee agreement”) (hereinafter “instant first guarantee agreement”); and B obtained a loan from Nonparty Gyeonggi Bank on September 28, 1990 as a security of the guarantee issued by the Plaintiff.
B. On December 20, 1990, the Plaintiff entered into a credit guarantee agreement with B on a credit guarantee amount of KRW 82,200,000, and five-year credit guarantee period of KRW 5 years (hereinafter “instant guarantee agreement”) (hereinafter “instant guarantee agreement”); and B entered into a facility lease agreement with Nonparty New Rental Co., Ltd. on December 28, 1990 as security with the guarantee issued by the Plaintiff.
C. B did not pay interest on loans to the Gyeonggi Bank, thereby losing the benefit of time. The Plaintiff subrogated for KRW 51,418,964 in total to the Gyeonggi Bank on August 5, 191 according to the instant guarantee contract.
B lost the benefit of time due to the delayed payment of the lease fee to New Rental Co., Ltd., and the Plaintiff subrogated to New Rental Co., Ltd. for KRW 82,200,000 on July 26, 1991 in accordance with the instant guarantee agreement.
E. The plaintiff filed against B with the Seoul Central District Court C above.
subsections and d.
A lawsuit was filed to seek reimbursement of the amount of each subrogated payment under paragraph (1) (Seoul District Court Decision 2006Da478774). On July 5, 2007, the above court sentenced that B shall pay to the Plaintiff 207,85,236 won and damages for delay calculated at the rate of 17% per annum from August 1, 1993 to the date of full payment, and the above judgment became final and conclusive.
F. B and the Defendant married on April 12, 1983, and on January 6, 2010, an agreement was married.
G. The defendant has completed the registration of ownership transfer in the name of the defendant with respect to each real estate listed in the separate sheet as shown below (hereinafter “each real estate of this case”), and holds it up to now.