beta
Text
1. Certificates signed on January 4, 2015 between the Defendant and B, No. 1348, a notary public, signed on January 4, 2015.
Reasons
1. Facts constituting a premise for exercising the creditor's right of revocation;
A. On June 26, 2009, the Plaintiff entered into a guarantee insurance contract with D on June 26, 2009, the insured ZEex Co., Ltd., the insurance period from June 26, 2009 to June 25, 2010, the insurance amount of KRW 150 million, and B guaranteed the Plaintiff’s obligation under the said guarantee insurance contract.
(2) On June 16, 2010, the insured event under the above surety insurance contract occurred. The Plaintiff paid KRW 150 million insurance proceeds to the insured on September 2, 2011, and thereafter filed a lawsuit for indemnity amounting to KRW 2015da48110 against B, and on July 8, 2016, the judgment of the court below became final and conclusive on July 8, 2016 that "the Defendant (the Plaintiff) paid KRW 171,577,00 to the Plaintiff (the Plaintiff in this case) as well as KRW 74,97,157 as to KRW 17 from March 3, 2016 to March 18, 2016; KRW 12% per annum as to KRW 225,00,000 per annum as to the next day until the day of full payment."
B. On November 4, 2015, after the Plaintiff paid the insurance money as stipulated in the said guarantee insurance contract, the Defendant and B entered into a monetary loan agreement on the No. 1348 of the certificate of joint law office No. 1348 (hereinafter “the instant loan agreement”). The key content was that the Defendant lent KRW 100 million to B on February 20, 2010, and B paid the Defendant KRW 150,000 as KRW 66 months each month from November 21, 2015 to KRW 1.5 million each month, and the remainder is paid in 67 installments.
Damages for delay shall be paid at the rate of 25% per annum.
B If certain grounds exist, such as delay in the payment of the above obligation, or receipt of a compulsory execution, provisional seizure, provisional disposition or request for auction from a third party, the benefit of time shall be lost.
If B fails to perform a pecuniary obligation under this contract, there is no objection immediately through compulsory execution.