beta
Text
1. Defendant A and B jointly and severally with the Plaintiff KRW 156,122,465 and KRW 61,326,390 among them, from March 11, 2015 to September 94.
Reasons
1. Determination as to the claim against Defendant A and B
(a) Indication of claim: The remainder of the subrogated principal on the date of payment by subrogation of the obligee pursuant to a credit guarantee agreement with the obligee under the credit guarantee agreement with the obligee A, such as the amount of reimbursement by subrogation and the amount of damages for delay (12% per annum; 1,247 won per annum; 1,247 won per annum) and the amount of credit guarantee amount by subrogation of the obligee’s credit guarantee amount as of August 28, 2009, as of the date of a credit guarantee agreement with the obligee B, a joint and several surety, (1) the amount of credit guarantee payment by the obligee as of August 28, 2009, KRW 68,000,326,390 on March 11, 2015.
(b) Judgment by public notice (Dismissal of a claim for partial damages for delay due to changes in the ratio prescribed by Article 208 (3) 3 of the Civil Procedure Act and Act on Special Cases concerning Promotion, etc. of Lawsuit
2. Determination as to the claim against Defendant C
A. The content of the claim and the key issue thereof were that Defendant B sold the instant real estate to Defendant C on May 30, 2014 (hereinafter “instant sales contract”). On June 25, 2014, the Plaintiff was insolvent by completing the registration of ownership transfer on June 25, 2014. According to the credit guarantee agreement (joint guarantee) with Defendant B, the Plaintiff would be as follows.
In addition to the statements stated in subsection (1), the Corporation has acquired the claims for reimbursement such as subrogated payment.
[A. The Plaintiff asserts that the above sales contract between Defendant C and B constitutes a fraudulent act in order to preserve the claim for reimbursement, such as the amount of subrogated payment, against Defendant B, and sought payment of the amount stated in the purport of the claim as a refund of value together with its revocation.
However, the legal relationship, which is the basis of the claim for repayment, such as subrogated payment, asserted by the Plaintiff, exists before the date of entering into a sales contract for the instant real estate, but its claim has been realized on March, 2015, which was nine months or more after the date of entering into the sales contract, and thus, the date of entering into the sales contract.