사해행위취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. Basic facts
A. 1) The Plaintiff entered into a loan agreement and joint and several sureties agreement on August 21, 2013 (hereinafter “Nonindicted Company”)
(1) The principal was repaid in installments in accordance with the repayment date table of principal and interest every three years after one year’s grace period, and the interest was paid on the monthly repayment date, but if the payment of interest is delayed, the compensation for delay should be added to the amount to be paid (hereinafter “instant loan”).
(2) The Defendant’s fault and the representative director of the non-party company B, who was the non-party company’s representative director, jointly and severally guaranteed the obligation owed by the non-party company to the Plaintiff within the limit of KRW 120,00,000.
3) As of December 18, 2015, Nonparty Company lost the benefit of the time limit, and as of April 4, 2016, Nonparty Company’s claims against Nonparty Company and B relating to the instant loan were KRW 87,50,00,00 for the principal amount, KRW 1,220,270 for substitute payment, KRW 1,60,270 for substitute payment, interest KRW 1,609,935, interest interest KRW 4,770,670 for overdue interest, and KRW 95,10,872 for overdue interest. B. Each real estate indicated in the attached real estate (hereinafter collectively referred to as “instant real estate”).
1) As to the real estate listed in the title No. 1 in the separate sheet No. 1, B, and D 3/16 shares, E, F, G, H, and Defendant 2/16 shares, the registration for the change of ownership in the name of the Defendant was completed on September 2, 1982 due to the agreement division No. 20089, which was received on February 7, 1981, under the title No. 20089, which was received on September 2, 1982, on April 23, 2015, under the title No. 22264, which was received on April 23, 2015, as of April 23, 2015.
2) The real estate indicated in the Nos. 2 and 5 of the attached real estate (hereinafter “instant building”).
the Jinwon District Court's Jinju Branch in respect of the shares of B and D 3/16, E, F, G, H, and Defendant 2/16, respectively. < Amended by Act No. 6135, Jan. 1, 2000>