사해행위취소
1. The Defendant and B entered into an agreement on January 21, 2015 with respect to 1/2 shares out of 8,132 square meters of forest land in Nam-gu Incheon Metropolitan City.
1. Facts of recognition;
A. In accordance with the guarantee request of D Co., Ltd. (the representative B; hereinafter referred to as “Nonindicted Company”), the Plaintiff entered into a credit guarantee agreement for the obligations such as indemnity arising from the performance of the guaranteed obligation under the credit guarantee agreement of B, with respect to the credit to be borne by the Nonparty Company by receiving the loan from the financial institution as follows, and issued a credit guarantee certificate.
First credit guarantee: on April 15, 201; the guaranteed amount of KRW 595,00,00; the term of guarantee; April 13, 2012 (Amended by April 10, 2015); the term of secondary credit guarantee for a new bank that is a creditor bank: June 21, 2011; the term of guarantee; the amount of guarantee of KRW 405,000,000; the term of guarantee of KRW 20 on June 20, 2012 (Amended by June 19, 2015); the third credit guarantee for a single bank that is a creditor bank; the date of guarantee of KRW 495,00,000; and the term of guarantee of KRW 16, Apr. 16, 2013 (Amended by Act No. 13382, Apr. 17, 2012; Act No. 13282, Apr. 16, 2013>
B. The non-party company was granted loans from the financial institutions using each of the above credit guarantee certificates issued by the Plaintiff as follows.
The first credit guarantee statement: The date of loan, April 15, 201, the amount of loan, KRW 700,00,000, the due date of repayment, April 13, 201 (amended by April 10, 2015), the second credit guarantee statement for a new bank that is a lending bank: June 21, 201, the date of loan, KRW 450,000,000, the due date of payment (amended by June 19, 201): the third credit guarantee statement for a lending bank, Han Bank, Han Bank, Inc.: the date of loan, April 17, 2012, the amount of loan, KRW 50,00,00,000, and the due date of payment for the loan, KRW 16,000 (amended by April 10, 201, the bank, a bank, and Han Bank, Inc. 16, 2013 (amended by 16.4.16.
C. B resigned the representative director of the non-party company on January 21, 2015.
On March 6, 2015, a non-party company filed an application for commencement of rehabilitation procedures due to the continuous aggravation of financial circumstances due to the business difficulties, resulting in an accident of credit guarantee under each of the above credit guarantee agreements, and lost the benefit of time for each of the above loans. The above financial institutions secured each of their respective obligations against the Plaintiff.