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1. Defendant B’s KRW 150 million with respect to the Plaintiff and 12% per annum from October 17, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 16, 2017, the Plaintiff: (a) on October 16, 2017, leased KRW 150 million to Defendant B at the maturity of payment; and (b) on October 16, 2017 at the rate of 1% per month.
B. On September 26, 2017, Defendant B sold each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by Defendant C, and completed the registration of ownership transfer on the same day. At the same time, each of the instant real estate was subject to the establishment of a collateral security right in D, a total amount of KRW 4.77 billion, at the time, on October 25, 2017, Defendant C repaid KRW 409,772,378.
C. The value of each of the instant real property at the time of the sale is KRW 595,563,180, and the value as of May 11, 2018 as of May 11, 2018 is KRW 615,211,240. The Defendant B’s active property at the time of the sale is KRW 873,318,048 in total, and the passive property including the Plaintiff’s obligation against the Plaintiff is KRW 1,467,754,370 in total.
【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 3, and 13 (including paper numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts, Defendant B is obligated to pay to the Plaintiff 150 million won and damages for delay at the statutory rate of 12% per annum from October 17, 2017 to the date of full payment. The Plaintiff’s claim against Defendant B is the preserved claim of the obligee’s right of revocation. The act of selling each of the instant real estate in excess of the obligation of Defendant B constitutes a fraudulent act with knowledge that it would prejudice the Plaintiff, the obligee, and the Defendant’s bad faith is presumed. However, insofar as the collateral security established prior to the occurrence of a fraudulent act is revoked after the fraudulent act, the above sales contract is revoked within the extent of the balance remaining after deducting the secured obligation of the right of collateral from the value of each of the above real estate as of the date of the closing of argument, and can seek compensation for damages as restitution.
Therefore, each of the instant cases between the Defendants.