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1. Following the change of claims in the trial court, the part against the defendant in the judgment of the first instance shall be changed as follows:
Reasons
1. Basic facts
A. (1) The Plaintiff entered into a credit guarantee agreement with A Co., Ltd. (hereinafter “A”) on August 24, 2009 and entered into a credit guarantee agreement with the guarantee period of KRW 285 million, and as of August 22, 2012, A received a loan of KRW 300 million from the Gyeongnam Bank on August 27, 2009 in accordance with the said credit guarantee agreement.
(2) At the time of the above credit guarantee agreement, A agreed to pay the amount and damages for delay pursuant to the rate determined by the Plaintiff (15% per annum from June 1, 2005), if A fails to discharge the principal obligation within the term of guarantee, and the Plaintiff’s obligation to discharge the guaranteed obligation is not cancelled due to the failure of A to discharge the principal obligation within the term of guarantee, B and D guaranteed the obligation to pay the Plaintiff a penalty for attempted penalty in accordance with the prescribed rate and calculation method determined by the Plaintiff.
B. When a credit guarantee accident occurred around August 22, 2012 due to arrears of A, such as the occurrence of a credit guarantee accident, etc., the Plaintiff, as a guarantor, subrogated to the bank in Seoul, in accordance with the said credit guarantee agreement, KRW 257,887,088 (i.e., the principal of the loan amount of KRW 255 million) on September 28, 2012.
In addition, A's attempted penalty to be paid to the Plaintiff according to the above credit guarantee accident is KRW 528,160.
C. B’s disposal of the property (1) - F 1469 square meters (hereinafter “instant real estate”) was originally registered in the name G, but the registration of ownership transfer was completed on the same day on March 30, 2005 by B (hereinafter “C”).
(2) On April 18, 2012, B completed the registration of transfer of ownership on the ground of sale and purchase of the instant real estate (hereinafter “instant sales contract”) to the Defendant, who is the subject of purchase and sale on the same date.
(3) At the time of the instant sales contract, B had no other assets than the instant real estate, and was in insolvent.
[Ground of recognition] A. 1 Evidence 1, 2, A. 2, 3, 4 evidence.