사해행위취소
1. As to real estate listed in the separate sheet:
A. The Defendant and Nonparty B concluded on April 24, 2017.
1. Facts of recognition;
A. On August 30, 2013, the Plaintiff entered into a credit guarantee agreement with Non-Party L&A Co., Ltd. (hereinafter “Non-Party Company”) with each credit guarantee agreement (hereinafter “each of the instant credit guarantee agreements”) with each of the credit guarantee principal as KRW 90,000,000, the credit guarantee principal on April 30, 2015, and KRW 180,000,000, the credit guarantee principal on April 30, 2015, and KRW 62,050,000,000, the credit guarantee principal on June 7, 2017.
The non-party company received a loan from the Industrial Bank of Korea and the Korean Bank as security in the credit guarantee form under each credit guarantee contract of this case.
B. Nonparty B jointly and severally guaranteed the obligation under each credit guarantee contract of this case against the Plaintiff of the non-party company
C. From May 2017, when the interest and interest of the loan to our bank was overdue from our bank, a guarantee accident occurred on July 26, 2017. The Plaintiff paid each principal and interest of the loan to the Industrial Bank of Korea and our bank on October 24, 2017.
On November 2, 2017, the Plaintiff filed a claim for reimbursement against Nonparty Company and B as Daegu District Court Decision 2017 tea17348, and received a payment order with the purport that “The Plaintiff shall jointly and severally pay to the Plaintiff KRW 461,570,252 and KRW 461,464,658 from October 24, 2017 to the delivery date of the original copy of the instant payment order, and KRW 10% per annum from the next day to the day of full payment, and KRW 15% per annum from the next day to the day of full payment.” The said payment order became final and conclusive around that time.
E. B: (a) concluded a contract on April 24, 2017 with respect to the instant real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant mortgage contract”) with the Incheon District Court as the maximum debt amount of KRW 180,000,000, the debtor, B, and the mortgagee of the right to collateral security (hereinafter “the instant real estate”) and completed the registration of establishment of a mortgage as the Defendant of the registration of the Incheon District Court on April 25, 2017.
F. Meanwhile, the instant real estate is the only real estate owned by B.
The instant mortgage contract was concluded at the time of the establishment of the mortgage.