사해행위취소
1. The plaintiff's claim of this case is all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) borrowed KRW 5,00,000,000 from A Co., Ltd. (hereinafter “A”) on May 4, 2010, and KRW 4,000,000 on March 14, 2012, respectively, and designated A and G Co., Ltd (hereinafter “G”) as the first priority beneficiary for the purpose of securing each of the above loans (hereinafter “instant project site”) under the trust of another canws construction site located in the Filwon-si, G Co., Ltd. (hereinafter “G”).
(A) The instant collateral trust (hereinafter “instant collateral trust”). A Co., Ltd. (hereinafter “C”) and H, the representative director of D’s office, have guaranteed each of the above loans to the extent of KRW 11,700,000,000,000 for the respective guarantee amount, and KRW 5,60,000 for the G revenue limit.
B. D repaid the principal or interest by August 12, 2012, but did not pay each of the above loans.
The Plaintiff, a trustee in bankruptcy, filed an application for payment order with the Seoul Central District Court 2014 tea2502 against D and H, a principal debtor, and joint and several surety, as Seoul Central District Court.
On January 23, 2014, the above court issued an order to pay the amount of overdue interest and overdue interest within the limit of 11,700,000 won jointly and severally with D and jointly with D to pay the amount of overdue interest and the amount of overdue interest within the limit of 11,70,00,000 won for the total amount of principal and interest KRW 7,405,484,597 as of January 7, 2014 and KRW 5,748,50,000, which is the sum of principal and interest, as of January 7, 2014. The order to pay the amount of overdue interest and overdue interest was finalized around that time.
C. Meanwhile, on the other hand, H deposited KRW 600,000,000,000, which was 415,000,000 of the C’s funds deposited in the I Bank on December 26, 2012, into the J’s K Bank account.
J deposited KRW 600,000,000 from the above bank account on July 10, 2015 as six copies of the check with a right of KRW 100,000,000,000, and H received this on the same day and received four copies of the said check to the Defendant on the same day.