사해행위취소
1. A sales contract concluded on November 24, 2014 between the Defendant and B on real estate stated in the separate sheet between the Defendant and B is 37,50.
1. Basic facts
A. On January 22, 2013, the Plaintiff entered into a limited transaction agreement with C (hereinafter “C”), setting the limitation period from January 22, 2013 to January 21, 2016, and setting the guarantee period to KRW 5.93845,00,00,00 that the Plaintiff bears various guaranteed obligations in relation to the construction works, etc. for which C was contracted (hereinafter “instant guarantee agreement”). On the same day, B, the representative director of C, guaranteed the Plaintiff’s debt owed to C in accordance with the said agreement.
After that, on June 30, 2014, the Plaintiff and C changed the period of the instant guarantee agreement to June 29, 2017, by June 29, 2017; the guarantee limit to KRW 5.95 billion; the guarantee limit to KRW 5.95 billion; the contract period on September 29, 2014, by September 25, 2017; the guarantee limit to KRW 5.74 billion; and the contract period on October 24, 2014, by October 23, 2017; and the guarantee limit to KRW 6.34,01.80,000, respectively.
B. According to the instant agreement, in the event that the Plaintiff paid the deposit to the guarantee creditor, C shall immediately repay the deposit, and ② in the event that C delays the performance of its obligation, C shall also repay the damages for delay as determined by the Plaintiff and all the expenses incurred by the Plaintiff, and ③ in the event that any cause, such as loss of the benefit of C due to the suspension of current account transactions, etc. occurs, the Plaintiff may exercise the right of advance reimbursement, and ④ the Plaintiff shall bear the same obligation as C
C. Pursuant to the instant guarantee agreement, the Plaintiff issued to C a letter of guarantee as indicated in the following table between May 10, 2013 and June 30, 2014, and C issued to each of the creditors:
Guarantee Type Guarantee Contract Amount (the original creditor's name) contract amount (the contract amount) which is the date of guarantee of the contents of the contract subject to guarantee (the original creditor's name) contract guarantee 2012-06-27 12,16,000 Hyundai Construction, Samsung C 2013-05-10-6-27 to 2016-4-300,300 contract guarantee 2013-07-07-019, 370, 547, 462 Hyundai E 2014-2323-71 to 2013-71.