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1. The Defendant received on June 22, 2018 the Changwon District Court received on the real estate stated in the attached list from the Plaintiff as the receipt of the attached list No. 30820.
Reasons
1. Basic facts
A. On September 9, 2015, upon A’s request for guarantee, the Plaintiff issued to D Bank a guarantee guarantee of KRW 200,000,000 for the guaranteed amount and KRW 200,000 for the guarantee period on September 9, 2016, and A borrowed the guarantee amount of KRW 200,000 from D Bank as security.
B. Upon occurrence of a guarantee accident under A’s natural body, the Plaintiff subrogated to D Bank for KRW 181,959,386 in total, including the principal amount of 180,000,000,000, interest amount of 1,959,386, on December 14, 2018.
C. When the Plaintiff fulfilled the guaranteed obligation, A agreed to pay damages for delay calculated at the rate determined by the Plaintiff from the date of performance to the date of full payment (Article 10 of the Guarantee Agreement), and the rate of damages for delay is 10% per annum from February 1, 2016 to the date.
A shall also pay the legal procedure costs incurred by the Plaintiff and the damages for delay calculated by the above rate of delay damages (Article 10 of the Guarantee Agreement), and the legal procedure costs are KRW 307,130.
A, on June 22, 2018, in excess of the debt, entered into a sales contract on the real estate listed in the separate sheet (hereinafter “instant real estate”), the only property between the Defendant and the Defendant, and completed the registration of ownership transfer by the Changwon District Court No. 30820 on the same day.
E. Meanwhile, on December 13, 2018, the Plaintiff’s assistant intervenor filed the instant lawsuit seeking revocation and restitution on the ground that the instant sales contract constituted fraudulent act. On November 2, 2018, the Plaintiff’s assistant intervenor filed a bankruptcy and application for immunity with the Changwon District Court Decision 2018Hadan1693, 2018Hau1684 decided November 2, 2018, and was declared bankrupt by this court on December 18, 2018, and the Plaintiff’s assistant intervenor appointed as the trustee in bankruptcy took over the instant lawsuit under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”) and changed the claim for avoidance to the lawsuit for avoidance.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 11, purport of whole pleadings
2. The person was in the state of being in excess of his obligation.