사해행위취소
1. The sales contract concluded on June 8, 2015 between the Defendant and B is KRW 94,785,715.
In fact, C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) entered into three credit guarantee agreements with the Plaintiff as follows, and received a loan from a corporate bank as collateral, and the representative director D and director B of the non-party company jointly and severally guaranteed the liability for indemnity against the plaintiff of the non-party company.
According to each credit guarantee agreement on September 28, 201, 201, the guarantee number EF G amounting to KRW 192,00,000,000,000 as the guarantee date of KRW 120,000,000,000, which was August 10, 2010, September 29, 2010, the guarantee date of which was August 29, 2014 (amended to August 7, 2015) under Article 3 of the Arrangement 2 Agreement No. 3, EF G amounting to KRW 197,60,00,00,00. The non-party company is obliged to pay the amount of subrogation, delay damages, etc. to the Plaintiff when the Plaintiff fulfilled the guarantee obligation.
On August 4, 2015, Nonparty Company caused a credit guarantee accident due to delay of principal, and the Plaintiff, on September 7, 2015, on behalf of Nonparty Company, paid the principal and interest of KRW 512,739,859 (i.e., KRW 199,096,096,297, KRW 297, KRW 297, KRW 120,966,437, KRW 37 of the Agreement 192,67,125), and acquired the claim for indemnity of KRW 513,178,359 (=512,739, KRW 438,500) with respect to the first agreement.
On the other hand, on June 8, 2015, B entered into a sales contract with the Defendant for the purchase price of KRW 265,000,000 for the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and completed the registration of ownership transfer in the Defendant’s future on July 9, 2015.
At the time of the instant sales contract, B was in excess of the obligation.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 1 (including various numbers), and the inquiry results with respect to the Seogu Office in the Daegu District of this Court, as a result of the order to submit financial transaction information to the Korea Credit Information Institute, the purport of the entire pleadings and the preserved claim for judgment.