사해행위취소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On April 15, 2018, a joint and several surety of the Plaintiff’s Credit Guarantee Contract (based on the extension period) loan period (based on the extension period) for the Plaintiff’s Credit Guarantee Contract, the Korea Bank C and the Korea Limited Liability Company D (hereinafter “D”) concluded, on April 13, 2018, a credit guarantee agreement with respect to the obligation of D to be loaned from the banks as follows, on May 30, 2018. < Amended by Act No. 1450, May 30, 2016; Act No. 15068, Apr. 15, 2016>
(hereinafter “each credit guarantee contract of this case.” D, through each credit guarantee contract of this case, agreed to pay the Plaintiff the amount of subrogation and the delay damages if D did not pay the loan to the lending bank due to the Plaintiff’s failure to pay the loan to the lending bank. C, under the credit guarantee contract of this case, jointly and severally guaranteed the obligation of D to the Plaintiff.
D Even after the Plaintiff’s receipt of a loan from the bank by using a credit guarantee certificate issued under each credit guarantee contract of this case, the Plaintiff failed to repay the loan to the lending bank in lieu of D, and the Plaintiff repaid the loan to the lending bank as follows.
Accordingly, on December 15, 2017, the Plaintiff issued a claim for reimbursement against C with respect to the amount of subrogated payment as of the date of payment by subrogation as of the date of guarantee contract: (a) the principal amount of KRW 172,016,716 on December 15, 2017 = interest of KRW 170,000,000 for the principal amount of KRW 2,016,716, and KRW 82 on May 20, 2016 = 417,150,882 for one bank on December 11, 2017 = the principal amount of KRW 412,50,000 for the principal amount of KRW 4,650,882.
On March 31, 2017, C’s disposal of real estate entered into a sales contract with the Defendants on the real estate (referring to 2665/5/10 shares held by C) listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”); the former District Court’s military support registration on April 24, 2017; and the receipt of No. 13596 on April 24, 2017; Defendant A’s 106/5610 shares for Defendant A; and 1599/5610 shares for Defendant B.