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1. The sales contract concluded on May 3, 201 between the Defendant and B is KRW 39,16,808.
Reasons
1. Facts of recognition;
A. On May 28, 2009, the Plaintiff entered into a credit guarantee agreement between C and C (hereinafter “C”) with the content that the guaranteed amount is KRW 142,50,000,00, and the term of guarantee was extended on May 27, 2010 (the term of guarantee was extended on May 25, 2012). B, who is the representative director of C and C, and the wife of D (after this, B retired from the office of director of C on November 9, 201, and completed the retirement registration on March 13, 2012), was jointly and severally and severally guaranteed the obligation of C to the Plaintiff under the said credit guarantee agreement.
B. C was granted a loan of KRW 150,000,000 from the Industrial Bank of Korea as security the letter of credit guarantee issued by the Plaintiff pursuant to the above credit guarantee agreement.
C. C’s credit guarantee accident occurred as of December 7, 201 with respect to the above Industrial Bank of Korea’s loan obligations. On February 24, 2012, the Plaintiff subrogated the Industrial Bank of Korea to KRW 116,139,327 for total amount of C’s loan obligations.
The Plaintiff filed a lawsuit against C, D, and B with the Seoul Central District Court Decision 2012Da503031, May 17, 2012, the court rendered a judgment that “C, D, and B jointly and severally with the Plaintiff KRW 116,230,457 and KRW 116,139,327 among them shall be paid to the Plaintiff at 14% per annum from February 24, 2012 to March 22, 2012, and at 20% per annum from the next day to the date of full payment,” and the above judgment was finalized on June 8, 2012.
E. B entered into a sales contract with the Defendant on May 3, 201, setting the sales price of the instant real estate as KRW 50,000,000 (hereinafter “instant sales contract”), and completed the registration of ownership transfer with respect to the instant real estate to the Defendant on May 19, 201.
F. The instant real estate was established under the name of the Industrial Bank of Korea in the name of the debtor C with the maximum debt amount of KRW 100,000,000,000, but the contract date and the registration date of creation were the date of the establishment.