A. It was concluded on February 2, 2017 between the Defendant and B.

A. On December 31, 2009, the term of guarantee of the principal guaranteed by a lending bank, including the conclusion of a credit guarantee agreement, is 100,000,000 won (final change to KRW 90,00,000) on December 30, 2010 (final change to KRW 90,000) of the National Bank (final change to December 22, 2017) on October 18, 2012 (final change to KRW 200,000,000 on October 18, 2013 (final change to October 13, 2017), the Plaintiff is a stock company B (hereinafter referred to as “B”), and the Plaintiff is also exempted from the entry “stock company.”

(B) A credit guarantee agreement was concluded with the Plaintiff as follows: (a) B received a loan from a national bank in KRW 100,000,000 on December 31, 2009, and KRW 200,000,000 on October 18, 2012, respectively, as security for each credit guarantee agreement issued by the Plaintiff.

B. On March 31, 2017, the Plaintiff’s failure to pay interest on the instant loan in arrears, which occurred on the part of the Plaintiff, and the Plaintiff recovered KRW 246,090,09, when the Plaintiff repaid to the National Bank totaling KRW 296,463,971 (= KRW 92,321,506, KRW 204,462,465) on July 26, 2017 upon the Plaintiff’s request for the performance of the guaranteed obligation.

C. On February 2, 2017, B entered into a contract with the Defendant for the transfer of each of the patent rights and utility model rights listed in the separate sheet (hereinafter “instant patent right, etc.”) that is the only property that is substantially exclusive even after excess of debt, and the Defendant completed registration for the full transfer of the right as described in the order of the date C.

[Reasons for Recognition] A without dispute, Gap evidence 1-10, Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. On February 2, 2017, Plaintiff B transferred the instant patent right, etc. to the Defendant, which is the only property under the status of excess of the obligation, constitutes a fraudulent act detrimental to Plaintiff, the obligee.

Therefore, the transfer contract of this case must be cancelled, and the defendant is obligated to implement the procedure for cancellation of registration of transfer of all rights to the patent right of this case in B due to restitution to its original state.

B. At the time of the instant transfer contract, Defendant 1’s prior right to indemnity against B is recognized.