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1. The Plaintiff:
A. Defendant A and B jointly and severally with Nonparty D, as well as KRW 176,000,000 on August 18, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into each guarantee insurance contract (hereinafter referred to as “the first guarantee insurance contract or the second guarantee insurance contract”) with Nonparty D Co., Ltd. (hereinafter referred to as “D”), and the Defendant A as the representative director of D, and the Defendant B as the spouse of the Defendant A for the obligations of D under the first guarantee insurance contract, each of the joint and several guarantee insurance period of the insured on December 31, 2015 from December 29, 2015 to August 1, 2016, 200,000,000 on May 11, 2016 to April 6, 2016, 2016.
9. 30. USD 12,500
B. On June 28, 2016, and July 18, 2016, the Plaintiff paid KRW 12,500 (the converted amount of KRW 13,975,000) for insurance money under the second guarantee insurance contract on August 10, 2016 and KRW 176,00,000 for insurance money under the first guarantee insurance contract on August 17, 2016.
C. Meanwhile, the damages for delay publicly announced by the Plaintiff are as listed below.
The interest rate in arrears shall be 6% per annum from the 30th day following the payment date of insurance proceeds to 9% per annum from the 31st day to the 90th day after the 90th day.
D. On March 16, 2016, Defendant C entered into a sales contract with Defendant C on the real estate listed in the separate sheet (hereinafter “instant sales contract”), and Defendant C completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on March 18, 2016 and the receipt No. 10336 on March 18, 2016.
E. Defendant B was in excess of the obligation at the time of the instant sales contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, purport of the whole pleadings
2. Demand and judgment
(a) Claim against Defendant A or B: Confession (Article 208 (3) 2 of the Civil Procedure Act);
B. (i) Claim against Defendant C (i.e., the existence of the preserved claim and the obligee’s right of revocation that the claim may be protected by the obligee’s right of revocation is, in principle, incurred prior to the commission of a fraudulent act.