A. B Co., Ltd. (hereinafter “instant company”) entered into a guarantee agreement for a business loan with the Plaintiff around December 2009 and around May 201, 201. A guarantee agreement issued under the said guarantee agreement was secured, and the Industrial Bank of Korea borrowed business funds from the Industrial Bank of Korea; however, on June 10, 2016, the payment of the principal and interest of the said loan was delayed.

On June 23, 2016, the Plaintiff subrogated the Bank of Korea to KRW 430,151,129 of the principal and interest of the instant company, thereby acquiring a claim for indemnity (hereinafter “instant claim for indemnity”).

B. Meanwhile, on January 8, 2016, the instant company acquired a patent right listed in the separate sheet (hereinafter “instant patent”) from D, and entered into a patent transfer agreement with the Defendant, who is the representative director E of the instant company, on March 22, 2016, to transfer the instant patent right to the Defendant (hereinafter “instant contract”). On March 22, 2016, the instant company completed the registration for the entire transfer of the right to the instant patent upon receipt of the Korean Intellectual Property Office C on March 22, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap's Nos. 1 and 2 (including virtual numbers), Eul's Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the company of this case entered into the contract of this case with the defendant and transferred the patent right of this case to the defendant in excess of the debt, so the contract of this case should be revoked as a fraudulent act. The defendant asserts that for restitution, the company of this case has a duty to perform the procedure of cancellation of the registration of the transfer of all rights to the patent of this case.

B. Although the Plaintiff’s claim for indemnity against the instant company was incurred later than the date of conclusion of the instant contract, the instant contract was concluded.