사해행위취소
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 3, 2014, the Plaintiff’s summary of the Plaintiff’s assertion entered into a contract to lend KRW 350,000,000 to the said company with the Plaintiff, which was the representative director, and on the same day, B entered into a contract with the Plaintiff for a collateral guarantee with respect to the above loan obligations owed by the Plaintiff in the Dispute Resolution Co., Ltd., and on July 23, 2014, the Dispute Resolution Co., Ltd fully paid the above loan obligations.
On the other hand, on August 18, 2014, B entered into a sales contract with the Defendant for the instant real estate owned by itself (hereinafter “instant sales contract”).
On September 30, 2014, the Plaintiff entered into a contract to lend KRW 350,00,000 to the company, and on the same day, B entered into a joint and several guarantee agreement with the Plaintiff with the Plaintiff as to the above loan debt of the Plaintiff in the Dispute Resolution Co., Ltd.
In addition, the Plaintiff entered into a joint and several guarantee agreement with the other company No. 150,000,000 won on November 11, 2014, and with the other company No. 600,000,000 won on December 4, 2014, respectively, between the Plaintiff and the Plaintiff, which was the representative director B, and the Plaintiff entered into a joint and several guarantee agreement with the Plaintiff on each of the above loans obligations against the Plaintiff.
However, from February 2015, the LAC filed an application for rehabilitation with the Seoul Central District Court 2015 Ma25 on April 30, 2015, and the LAC began to pay interest from February 4, 2015.
Therefore, even if the Plaintiff’s joint and several liability claim for B was not yet created at the time of the conclusion of the instant sales contract, the contract between B and the Plaintiff was concluded on July 3, 2014, which was prior to the conclusion of the instant sales contract, and it was highly probable that the Plaintiff’s joint and several liability claim for B would occur in the future, and in fact the Plaintiff’s joint and several liability claim for B was actually generated, each of the above joint and several liability claim for B against the Plaintiff may be the preserved
In addition, B had already been in excess of the obligation at the time of the conclusion of the instant sales contract.