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1. Defendant A’s KRW 6,775,875 and KRW 6,659,485 among the Plaintiff’s KRW 15% per annum from June 2, 2014 to August 28, 2014.
Reasons
1. Basic facts
A. On September 15, 2010, a credit guarantee agreement and the Plaintiff provided credit guarantee for the principal and interest of loans that Defendant A received from a bank.
(B) the credit guarantee agreement of this case
1) As Defendant A lost the interest due to the delinquency in the principal of the loan on June 18, 2013, the Bank sought reimbursement of the loan obligation to the Plaintiff. On June 2, 2014, the Plaintiff paid the principal and interest of the loan to the Bank in subrogation to the Bank and became KRW 6,659,485, and the expenses for securing the amount of subrogation are KRW 116,390.2) The overdue interest rate determined by the Plaintiff pursuant to the credit guarantee agreement of this case is 15% per annum from the date of subrogation to the date of payment.
C. (1) On January 14, 2014, Defendant A completed the registration of ownership transfer (the instant registration of ownership transfer) of the building (the instant building) indicated in the separate sheet (the instant building) that is one’s sole property to Defendant B, with the transaction value of KRW 200 million as a result of sale and purchase (the instant sales contract) on January 14, 2014. (2) On January 20, 2014, the registration of ownership transfer of the instant building was completed, which was established on January 20, 2014.
[Ground of recognition] The fact that there is no dispute, entry of Gap 1 through 7, fact-finding results on the head of Seodaemun-gu, purport of whole pleading
2. According to the above facts finding as to the claim for monetary amount, Defendant A is obligated to pay to the Plaintiff the amount of KRW 6,775,875 and the amount of KRW 6,659,485, whichever is the date of subrogation, 15% per annum under the agreement from June 2, 2014 to August 28, 2014, which is the date of delivery of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 29, 2014 to the date of full payment.
3. Determination on the revocation of fraudulent act and the claim for restitution
A. According to the facts of recognition of the establishment of fraudulent act, the instant sales contract sells and consumes the only property of Defendant A.