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1. A payment contract entered into on March 16, 2018 between C and the Defendant for each real estate stated in the separate sheet.
Reasons
1. Basic facts
A. C under the Plaintiff’s credit guarantee, borrowed a loan of KRW 179 million from the D Association (hereinafter “D Association”) on June 9, 2015, and used KRW 50 million on June 10, 2015.
B. C had completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on March 26, 2018 with respect to the Defendant on the ground of payment in kind (hereinafter “instant payment in kind”) on March 26, 2018, under the status of more than active property, due to payment in kind (hereinafter “instant payment in kind”) on March 16, 2018.
C. From May 14, 2018, C began to delay the repayment of principal and interest on each of the above loans to D Association.
Accordingly, upon the request of DDR, the Plaintiff paid KRW 160,1100,000 as a guarantor to DDR on June 28, 2018, and KRW 42,736,389 as a repayment of loans on June 9, 2015, respectively, to DDR on June 10, 2015.
[Reasons for Recognition] Facts without dispute, Gap's 1 to 15, Gap's 17 to 22 (including branch numbers) and the purport of the whole pleadings
2. Determination as to the cause of action
A. Whether the Plaintiff’s claim for reimbursement against C may be the preserved claim of the obligee’s right of revocation, which can be claimed for the revocation of the accord and satisfaction contract in this case, requires that in principle, the claim protected by the obligee’s right of revocation would have arisen before the act was conducted, which may be viewed as a fraudulent act. However, there is a high probability that at the time of the fraudulent act, the legal relationship, which is the basis of the establishment of the claim, has already occurred at the time of the fraudulent act, and that the claim would have been established in the near future by confluentizing the probability of the claim in the near future. In the event where the
(Supreme Court Decision 201Da76426 Decided February 23, 2012). At the time of entering into the instant payment contract, the Plaintiff’s claim for reimbursement against C.