사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) Gap evidence Nos. 1 to 5, 7, and Eul evidence Nos. 2 to 4 (including a serial number); (c) the response result of the order to submit financial transaction information to the Chairperson of the Korea Federation of Banks of Banks of Banks of this Court; and (d) the purport of all arguments
(1) On August 31, 2012, the Plaintiff’s credit guarantee agreement (hereinafter “instant credit guarantee agreement”) provides that the Plaintiff shall guarantee the repayment of the debt to Nonparty Company and Nonparty Company’s financial institution (hereinafter “instant credit guarantee agreement”).
(2) On September 6, 2012, the non-party company was granted a loan of KRW 50,000,000 from the bank in Korea with the Plaintiff’s credit guarantee certificate issued under the instant credit guarantee agreement. Around January 21, 2015, the non-party company lost the benefit of time for the above loan obligation.
3) On May 15, 2015, pursuant to the instant credit guarantee agreement, the Plaintiff subrogated for KRW 43,355,448 in total to our bank. B. The patent right listed in the attached list of Nonparty Company (hereinafter “instant patent right”).
(1) On June 24, 2014, the non-party company entered into an agreement on partial transfer of shares (hereinafter “instant transfer agreement”) with the Defendant, and around June 24, 2014, the non-party company entered into an agreement on partial transfer of shares (hereinafter “instant transfer agreement”), and completed the registration of transfer on the same day, and the non-party company entered into an agreement on the waiver of shares (hereinafter “instant waiver agreement”) with the purport to waive the remainder of the instant patent right on November 12, 2014, and completed the registration of cancellation on the same day.
2) Accordingly, the Defendant became the final obligee of the instant patent right. 3) On the other hand, the Nonparty Company was not the patent right of this case at the time of conclusion of the instant transfer agreement and renunciation agreement.