사해행위취소
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On February 28, 2009, E Co., Ltd. (hereinafter “E”) prepared a “statement of payment” to the effect that “The Plaintiff will pay KRW 2,700,000,000 to the Plaintiff up to December 31, 200, because the construction company and the financial institution provided a third party with the Plaintiff’s land outside Jin-gun, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and Ha and three other lots of land, which are owned by the Plaintiff, as well as KRW 2,700,000,000,” and presented it to the Plaintiff.
(hereinafter referred to as “instant letter of payment”). (b)
On June 30, 2009, D, the husband of the Defendant, prepared a “statement of joint payment guarantee with respect to security deposit” to the effect that “where E does not pay the above KRW 2,700,000,000,000, it shall be paid to the Plaintiff by December 31, 201, jointly and severally with E, as a joint payment guarantee letter.”
(hereinafter referred to as “instant joint and several sureties”). (c)
On February 28, 2010, C Co., Ltd. (hereinafter “C”) and I Co., Ltd. (hereinafter “C”), as additional joint and several guarantors, sign and seal to the effect that the Plaintiff’s debt against the Plaintiff is jointly and severally guaranteed.
The Plaintiff applied for a payment order against E, C, and I on August 19, 2010 based on the instant payment memorandum, and received a payment order on August 19, 2010, and the said payment order was finalized.
(B) On May 3, 2012, the Plaintiff applied for a payment order against D based on the letter of joint and several surety in this case, and received a payment order on May 3, 2012, and the said payment order became final and conclusive.
(Seoul District Court 2012j4102). e.
Meanwhile, upon entrustment between E and C, on December 1, 201, the Defendant loaned KRW 97,500,000 to E on June 17, 2004, and C jointly guaranteed the obligation of E, and recognized that there was no objection even if a compulsory execution was conducted immediately in the event of E and C’s failure to perform the obligation.”