사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) The Gyeonggi Credit Guarantee Foundation established a credit guarantee agreement with D Co., Ltd. (hereinafter “D”) on the following terms (hereinafter “instant credit guarantee agreement”). On October 11, 2019, the Gyeonggi Credit Guarantee Foundation paid the amount of subrogated payment and the amount of delay damages at the rate determined by the Gyeonggi Credit Guarantee Foundation, when the Gyeonggi Credit Guarantee Foundation pays the guaranteed liability pursuant to the instant credit guarantee agreement. < Amended by Presidential Decree No. 27797, Oct. 11, 2016; Presidential Decree No. 20055, Oct. 85, 2016; Presidential Decree No. 20075, Oct. 11, 2019; Presidential Decree No. 2000, Oct. 2, 2000>
A, the representative of D, has jointly and severally guaranteed the debt of D's Gyeonggi Credit Guarantee Foundation.
B. On September 2, 2017, D neglected interest and lost the benefit of time. On September 2, 2017, D reported business closure on September 25, 2017. (2) On February 13, 2018, the Gyeonggi Credit Guarantee Foundation made a substitute payment of KRW 86,167,712 (i.e., principal and interest amount of KRW 85,00,000 + interest amount of KRW 1,167,712) to E banks.
3) On April 26, 2017, the Business Credit Guarantee Foundation concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on April 26, 2017, and concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with the Defendant on April 27, 2017 as the receipt of No. 6673 on April 27, 2017, as the maximum debt amount of KRW 10,00,000,000, and KRW 686,520,000.
The secured obligation of the mortgage contract of this case is the obligation to pay the goods to the defendant D.
2) A was insolvent from March 2017, prior to the date of the instant mortgage contract. D. Bankruptcy of A and the Plaintiff’s taking-off of lawsuit 1) A were the Suwon District Court on April 9, 2018.