사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 7, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with B Co., Ltd. (hereinafter “debtor”) with a credit guarantee amount of KRW 1,000,000,000 (80%) and by April 6, 2017 (hereinafter “the instant credit guarantee agreement”). The debtor company borrowed KRW 1,250,000,000 from the Industrial Bank of Korea as security a credit guarantee agreement under the instant credit guarantee agreement.
B. From December 28, 2012 to April 26, 2016, the Defendant supplied a camera to the debtor company, and was not paid some amount of the goods. On July 21, 2016, the Defendant and the debtor company concluded a mortgage contract (hereinafter “instant mortgage contract”) with a maximum debt amount of KRW 200,000 regarding each of the real estate listed in the separate sheet owned by the debtor company (hereinafter “instant real estate”) to secure the debtor’s obligation for the payment of the goods. The Defendant and the debtor company completed the registration of the establishment of the collateral on July 22, 2016. < Amended by Act No. 14374, Jul. 22, 2016>
The payment order against the debtor company was finalized on October 12, 2017, 2017, when the defendant applied for a payment order against the debtor company under the Incheon District Court Branch Decision 2017 tea2098, and the payment order was finalized on October 12, 2017.
C. Meanwhile, in the credit guarantee agreement of this case, the Plaintiff had determined that the Plaintiff may exercise the right of advance reimbursement against the debtor company on August 19, 2016 regarding the instant real estate. On August 19, 2016, the Seoul Central District Court rendered a provisional attachment order (26,406,633 won) (the claimed amount) by filing an application with the creditor company of the debtor company.
On March 31, 2017, the Plaintiff paid a total of KRW 1,024,127,019 to the Industrial Bank of Korea on behalf of the debtor company.