사해행위취소
1. As to the patent rights listed in the separate sheet 1 to 3:
A. The contract was concluded on December 20, 2017 between the Defendant and B.
1. Facts of recognition;
A. The Plaintiff issued the following guarantee certificates to B Co., Ltd. (hereinafter “B”) and guaranteed B’s loan from F (hereinafter “F”).
D has jointly and severally guaranteed the debt owed to the plaintiff in B which may arise from the above guarantee.
B was loaned from F by submitting its guarantee certificate.
G H I F F F
B. B caused a guarantee accident on March 27, 2018 due to overdue loans, etc., and the Plaintiff subrogated for KRW 87,286,881 in total of the loan principal and interest accrued on October 5, 2018 upon the F’s request for performance of the guaranteed obligation.
C. On December 20, 2017, B completed the registration of the entire transfer of the right to the Defendant as to the patent right listed in attached Forms 1 through 3 (hereinafter “instant patent”) to the Korean Intellectual Property Office Receiving C.
D On February 26, 2018, on the trademark right listed in attached Form 4 (hereinafter “instant trademark right”) to the Defendant, the Korean Intellectual Property Office received registration for the entire transfer of the right to the Defendant.
[Ground of recognition] Unsatisfy, entry of Gap 1-3 evidence, purport of whole pleadings
2. Determination as to the cause of action
A. The existence of the preserved claim is as seen earlier that the Plaintiff guaranteed the obligation to B to F and subrogated for the sum of KRW 87,286,881 in F. Therefore, the Plaintiff has the claim for indemnity against B and D.
The plaintiff's claims for preservation against B and D are recognized.
B. According to the records of evidence Nos. 6 through 9 as to fraudulent act, the Office of ideology and mind of this court, and the results of the inquiry of the fact to the National Court Administration, and the purport of the whole pleadings, B had no property other than the patent right in this case around December 20, 2017. D around February 26, 2018, owned the trademark right in this case, the land No. 1 L of the K Building No. 1, and the land No. 821 square meters prior to Incheon Cheongjin-gun, Seoul Special Metropolitan City Mpo-gun, but was in excess of the debt.
The patent right of this case in which B and D are missing from debt excess status is of property value.