사해행위취소 등
1. The appeal by the defendant (appointed party) is dismissed;
2. The costs of appeal shall be borne by the defendant (appointed party).
1. Basic facts
A. The Plaintiff’s claim 1) On May 21, 2015, the Plaintiff is a company E (a company engaging in wholesale and retail business of drugs; hereinafter “foreign company”).
) A credit guarantee agreement was concluded with the non-party company under the joint and several guarantee of the non-party D, the representative of which was the non-party D (the guarantee period: from May 21, 2015 to November 18, 2016).
The amount of security deposit: 376,00,000 won. 2) The non-party company did not pay interest on the loan from July 27, 2016 when it was operating a business with a loan from a financial institution in accordance with the above credit guarantee. On August 12, 2016, provisional attachment was processed as a final credit guarantee in the workplace.
(3) On October 2016, the Plaintiff paid the debt of the non-party company to the financial institution on behalf of the non-party company, and received the payment order from the non-party company and D to the non-party company for the payment of “378,385,162 won and damages for delay of KRW 378,130,090 among them” (b) the non-party company and D’s payment order (Seoul Central District Court Decision 2016Hu42901). D’s disposal disposition D is as follows: the Defendant (Appointed) who is the co-party, the appointed party, the appointed party B, and the appointed party C (hereinafter referred to as the “Defendant, etc.”).
[2] Real estate listed in the separate sheet (hereinafter “instant real estate”)
The registration of ownership transfer was completed on January 8, 2016 with respect to each portion of 1/4 shares of Gwangju District Court (No. 413) as of January 8, 2016, as of December 24, 2015. Moreover, on September 12, 2016, the registration of ownership transfer was completed on September 9, 2016 to the designated party B as the receipt registry office of the Gwangju District Court (No. 17482) as of the remaining portion of 1/4 shares of the instant real estate (hereinafter the aforementioned donations as of December 24, 2015 and as of September 9, 2016, the said donations as “No. 1”) and as of September 24, 2016, the said two donations as “the instant donations.”
C. D’s self-sufficiency is a joint and several surety for Non-Party Company P, Q, R Co., Ltd., which is a de facto one of D’s 1, and it is Seoul Dongdaemun-gu in order to secure each of the above obligations.