사해행위취소
1. The part concerning the creditor subrogation claim among the plaintiff's lawsuit shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. Facts of recognition;
A. The defendant is a company that manufactures and sells medicines.
A has entered into a continuous commodity supply contract (hereinafter “instant commodity supply contract”) with the Defendant to be supplied with functional health foods, etc. by means of OEM or ODM, and has been engaged in the business of selling goods supplied therefrom in the name of “B”.
B. A entered into each agency contract with C Co., Ltd (hereinafter “C”) and D on January 2013.
A In order to secure the above agency’s debt for the purchase of goods, as to each of the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter “real estate No. 1”) owned by the actual operator E on January 11, 2013 by the said agency, A was respectively set up a maximum debt amount of KRW 120 million, and a collateral security (hereinafter “mortgage No. 1”) with respect to the real estate listed in the separate sheet No. 3 (hereinafter “mortgage No. 2”) owned by the said agency as indicated in the separate sheet No. 1 and No. 2 (hereinafter “instant collateral security”) with respect to which the said agent is the Plaintiff, and a collateral security (hereinafter “mortgage No. 2”) with respect to the real estate owned by the mortgagee No. 3 as indicated in the separate sheet No. 3 (hereinafter “instant collateral security”).
C. On January 17, 2013, A completed the supplementary registration of the transfer of the right to collateral security on the ground of the “transfer of the right to collateral security” on January 14, 2013 with respect to the instant Claim Nos. 1 and 2, to the Defendant.
A On July 3, 2013, the Defendant prepared a letter of commitment to sell stocks of F, G, and H products produced by the Defendant according to his/her order to pay the price and pay the price in full until September 30, 2013, even if the sale is not completed, and pay the outstanding amount of KRW 45 million until July 15, 2013.
In addition, on October 10, 2014, A promised the Defendant to adjust all outstanding amounts until December 20, 2014 by disclosing the ex-factory plan on the inventory of finished products G72, H 501, F 823.
E. On February 11, 2014, A established Company I and took office as a representative director, and he was above.