사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. On June 29, 2011, with D Co., Ltd. (hereinafter “D”) from June 29, 2011 to June 28, 2014, the Plaintiff entered into a credit trading agreement with D Co., Ltd. (hereinafter “D”), setting the guarantee limit as KRW 936,468,00,00 in operating credits, KRW 62,814,000 in operating credits, KRW 91,350,00 in operating collateral, and KRW 87,00,000 in bill payment, respectively.
(hereinafter “instant Limit Transaction Agreement”). B, who is the D representative director, was jointly and severally guaranteed the Plaintiff’s future indemnity obligation on the same day.
B. D terminated on November 14, 2011, the construction work for landscaping planting (hereinafter “instant construction work”) among the construction work for the creation of an E urban development complex (one construction section) subcontracted by Greenwon Construction Co., Ltd. (hereinafter “Greenwon Construction”).
C. On December 13, 2011, D, based on the instant ceiling transaction agreement, issued a warranty bond for repair of defects issued from the Plaintiff during the period from November 23, 2011 to November 22, 2013 with respect to the instant construction project, and submitted it to the Greenline Construction.
On April 15, 2013, the Daejeon Urban Corporation, the main contractor of the instant construction, demanded the repair of defects in the first half of April 2013 related to the instant construction.
Accordingly, the Greenwon Construction demanded the repair of defects in D, but D did not perform the repair of defects.
E. On November 11, 2013, the Plaintiff filed a claim with the Plaintiff for the payment of the warranty bond.
The Plaintiff paid 40,800,000 won as the warranty bond on September 3, 2014, and 23,700,000 won on November 27, 2014, respectively.
F. On February 3, 2012, B sold C 2,241 square meters (hereinafter “instant land”) to the Defendant, one of his/her residents, who is the same household (hereinafter “instant sales contract”), and the Defendant completed the registration of ownership transfer on February 9, 2012 with respect to the instant land.
G. ① 54,600,000 won with respect to the instant land, and the debtor B and the mortgagee’s right to collateral security.