사해행위취소
1. The plaintiff's action against the defendant B and C shall be dismissed.
2. As to real estate listed in the separate sheet:
A. Defendant.
1. Basic facts
A. The Plaintiff’s claim for reimbursement against D 1) The Plaintiff is a corporation E (hereinafter “foreign company”).
(1) On July 23, 2015, the credit guarantee agreement was concluded between ① the amount guaranteed by KRW 90,000,000; ② the credit guarantee agreement was concluded between July 22, 2016, ② the amount guaranteed by July 23, 2015; ③ the credit guarantee agreement was concluded between the Plaintiff and the Industrial Bank of Korea on July 22, 2016 (Extension until July 20, 2018), and the principal and interest of the guaranteed amount was extended to KRW 100,00,000; and the extension of the guaranteed amount by Nonparty Company on May 26, 2017 (up to May 25, 2018), and each of the credit guarantee agreements was extended to Nonparty 20,50,50,500, respectively. < Amended by Presidential Decree No. 142655, May 27, 2016; Presidential Decree No. 28140, May 20, 2017>
3) On August 10, 2018, the Plaintiff lost profits due to nonperformance to the Industrial Bank of Korea. On behalf of the non-party company, the Plaintiff paid KRW 375,576,454 of the principal and interest of loans to the Industrial Bank of Korea. B) Defendant B and C concluded a mortgage agreement with the maximum debt amount of KRW 39,00,000 with respect to the real estate stated in the separate sheet (hereinafter “instant real estate”) on January 12, 2018, with respect to D and the maximum debt amount of KRW 39,00,000 with respect to the real estate stated in the separate sheet (hereinafter “instant real estate”). On January 12, 2018, the Plaintiff completed the registration of the establishment of a mortgage by the Government District Court’s registry office under Article 4018.
2) Defendant B and C received KRW 15,00,000 from D, respectively, and the registration of the establishment of a mortgage of this case was cancelled on April 24, 2018. (c) Defendant A Co., Ltd. (hereinafter “Defendant A”).
A contract to purchase D and the instant real estate at KRW 65,00,000 is concluded on May 22, 2018.