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1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 32,374,425 and objection thereto.
Reasons
1. Facts of recognition;
A. (1) On April 2, 2012, the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) concluded a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”), the insured Co-Defendant A Co., Ltd. (hereinafter “A”), the insurance amount of KRW 50,000,000, and the insurance period from March 29, 2012 to March 28, 2014.
around that time, Co-Defendant B and C of the first instance trial jointly and severally guaranteed all obligations under the instant guarantee insurance contract for Seoul Guarantee Insurance.
(2) On March 5, 2013, the first L&C Co., Ltd claimed KRW 49,470,087 on March 5, 2013 for insurance money based on the instant guarantee insurance contract to Seoul Guarantee Insurance.
Seoul Guarantee Insurance paid KRW 49,470,087 insurance money to the first T&C Co., Ltd. on April 4, 2013.
At that time, Seoul Guarantee Insurance paid KRW 141,890 to the cost of securing the claim for the payment of the above insurance money.
B. (1) As to the instant real estate on September 3, 2012, C, as to the real estate listed in the separate sheet (hereinafter “instant real estate”), on September 3, 2012, C completed the registration of creation of a mortgage over the second priority of KRW 50,000,000 in the Defendant’s wife’s name.
C On February 26, 2013, the Defendant entered into a sales contract with the purchase price of KRW 250,000,000 with respect to the instant real estate, which is the only real estate (hereinafter “instant sales contract”), and completed the registration of ownership transfer on the same day to the Defendant.
(2) On May 10, 2013, the Defendant cancelled the registration of creation of a neighboring mortgage in the name of E, which was established on the instant real estate; on May 22, 2013, the maximum debt amount of KRW 234,000,000; and on the first priority priority of the establishment of a senior mutual savings bank Pursuant to the right to collateral security.
(3) At the time of the instant sales contract, C was in excess of its obligation, and around that time the market price of the instant real estate was approximately 248,00.