사해행위취소
1. Defendant A Co., Ltd and Defendant B jointly and severally against the Plaintiff KRW 101,606,468 and KRW 100,200,248 among them.
1. Facts of recognition;
A. The Plaintiff and Defendant A Co., Ltd. (E Co., Ltd. before the mutual change; hereinafter “Defendant Co., Ltd.”) enter into a credit guarantee contract and loan 1)
(A) On March 29, 2012, the credit guarantee agreement providing for KRW 100 million with the principal of the credit guarantee (hereinafter “instant credit guarantee agreement”).
(2) The Plaintiff issued a credit guarantee certificate to the new bank on March 28, 2013 (which was later extended to March 27, 2015) to the new bank on the basis of the instant credit guarantee agreement, and the Defendant Company received a loan of KRW 125 million from the new bank based on the said credit guarantee agreement.
B. On December 29, 2014 after the occurrence of a guarantee accident and payment by subrogation, the occurrence of a credit guarantee event and the occurrence of a fraudulent cause, such as national tax in arrears, occurred in the Defendant Company. On July 17, 2015, the Plaintiff subrogated the Defendant Company to the new bank totaling KRW 100,200,248.
C. Defendant B’s disposal act, etc. 1) for the payment of the construction consideration between Defendant C on June 25, 2014, Defendant B, for the purpose of paying the construction consideration between Defendant C and his/her owner, shall be as follows: (a) the Daejeon-gu Seoul Special Metropolitan City (hereinafter “instant real estate”).
2) As to the sales contract, the sales price of KRW 280,000 is KRW 280,000 (hereinafter “instant sales contract”).
(2) As of June 25, 2014, the Daejeon District Court, Daejeon District Court, Daejeon District Court, Daejeon Registry, received on August 25, 2014, completed the registration of ownership transfer as of August 25, 201. (2) As of June 25, 2014, regarding the instant real estate: ① Daejeon District Court, Daejeon District Court, Daejeon District Court, Daejeon District Court, as of November 30, 2009, received on November 30, 201, KRW 149,800,000, (2) as of March 30, 201, received on March 30, 201, the creditor F, the maximum debt amount, and KRW 200,000,00 as of March 30, 201, and ③ the registration of ownership transfer was completed by the creditor, G, and the maximum debt amount, respectively, as of April 2139, 2012.