구상금 및 사해행위 취소
1.(a)
On June 8, 2018, Defendant D and B’s attached real estate contract shall be revoked.
B. Defendant D is against B.
1. The amount of indemnity on April 11, 2019, under a credit guarantee agreement on January 111, 2013, with respect to a loan of 50,000 million won to the obligor under a preservation claim B bank. 2. The obligor of a disposal act against the attached real estate, such as the amount of subrogation of 50,409,315 won, etc.;
3. Whether the debts are in excess;
(a) Active property 1) The value of the attached real estate 570 million won (A) 2) land (A) G 9) G LH I J 3 Sore 609,210,360 won;
B. NCDD E M P P NR
C. It is recognized that the obligor himself/herself has exceeded his/her obligation at the time. 4. Since the obligor himself/herself is in excess of his/her obligation, this act of disposal is deemed to have sufficiently recognized that such act would result in the shortage of liability property of general creditors, and the intent of the Defendants, the beneficiary, is presumed
In this regard, the Defendants asserted that the Defendants were in good faith because they merely obtained a right to collateral security from an obligor, the employer, and did not have any other opportunity to know the debtor's property status.
On the other hand, even though the defendants are employed by the company operated by the debtor and not employed by the debtor as alleged by the defendants, the company operated by the debtor is deemed to be a company with one person, in substance, not a large-scale company, as much as it is practically strictly separated. Thus, in the event that the defendants' delayed payment of wages is difficult due to the occurrence of the defendants' overdue payment of wages, it is an empirical rule that the deterioration of the financial condition of the debtor, who is the actual manager, can also be predicted. Since the overdue payment of wages occurs, the actual manager is subject to criminal liability against the actual manager, and thus, the actual manager has no choice but to make every effort to repay the amount to be reduced