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1. Defendant A’s KRW 53,151,183 as well as 6% per annum from July 9, 2015 to July 24, 2015.
Reasons
1. Basic facts
A. In order to cover Defendant A’s liability for damages arising from the franchise franchise agreement between Defendant A and Korea Development Network Co., Ltd. (hereinafter “Korea Development Network”), the Plaintiff entered into a franchise insurance agreement (hereinafter “instant guarantee agreement”) with Defendant A, around June 21, 2012, between Defendant A and the insured Korea Development Network, from June 29, 2012 to June 28, 2017, with the insurance period of KRW 64 million (hereinafter “instant guarantee agreement”).
B. The Korea Development Bank and Defendant A terminated the above franchise agreement on March 17, 2014, thereby causing an insurance accident. The Korea Development Bank claims insurance money under the instant guarantee agreement to the Plaintiff on March 24, 2015, the Plaintiff paid KRW 53,151,183 to the Korea Development Bank on July 8, 2015.
C. On March 25, 2014, Defendant A sold each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to Defendant B, his mother, who is the mother of Defendant B (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and completed the registration of ownership transfer for each of the instant real estate to Defendant B.
As to each of the instant real estate at the time of the instant sales contract, the right to collateral security worth KRW 410 million with the maximum debt amount of KRW 410 million (30 million with the maximum debt amount of KRW 310 million with the maximum debt amount of KRW 310 million with the maximum debt amount of KRW C at the time of the instant sales contract) and KRW 50 million with respect to each of the instant real estate was respectively established. At the time of the conclusion of the instant sales contract, each of the said right to collateral security was cancelled. Meanwhile, Defendant B created, as to each of the instant real estate following the instant sales contract, the maximum debt amount of KRW 169 million with the maximum debt amount of KRW 169 million with respect to the Seosan Ginseng Ginseng, and as to each of the instant real estate, Defendant B created a collateral security right with the debtor KRW 14 million with respect to the maximum debt amount of KRW 1
E. Defendant A was held at the time of the instant sales contract.