사해행위취소
1. As to each patent right listed in the separate sheet 1 and 2:
A. On February 12, 2018, between the Defendant Non-Party B Co., Ltd.
1. Facts of recognition;
A. The Plaintiff’s credit (1) against Nonparty B and D (hereinafter “Nonindicted Company”) guaranteed the Nonparty Company’s obligation to repay the principal and interest of the loan to the Bank on June 24, 2014, setting the remainder of the guarantee on June 24, 2014 as KRW 100,000,000, and the term of guarantee on June 22, 2018 (hereinafter “the instant guarantee agreement”); and Nonparty D guaranteed the Plaintiff’s debt to the Plaintiff under the instant guarantee agreement against the Plaintiff.
(2) Thereafter, on February 24, 2018, Nonparty Company did not pay interest on loans to the Industrial Bank of Korea. On August 30, 2018, upon the Industrial Bank of Korea’s request for the performance of guaranteed obligations, the Plaintiff subrogated for KRW 100,000,000, interest rate of KRW 1,269,797 on the loan principal of Nonparty Company.
(B) The claim for indemnity against the non-party company and D due to the Plaintiff’s subrogation (hereinafter “the claim for indemnity of this case”).
On February 12, 2018, the non-party company transferred the non-party company and D's patent rights, and on February 12, 2018, the non-party company agreed to transfer the patent rights listed in the separate sheet No. 1 and 2, and D's patent rights listed in the separate sheet No. 1 (hereinafter "each patent rights of this case") to each defendant
paragraphs 2 and 2-b
Upon completion of registration for full transfer of the rights stated in each subsection.
(hereinafter referred to as the “instant transfer contract” in combination with each patent transfer agreement.
As between January 1, 2017 and August 16, 2019, the non-party company and D’s self-sufficiency did not have the details of payment of each property tax between January 1, 2017 and August 16, 2019. The non-party company delayed payment of the principal and interest on credit card payment from December 27, 2017. In addition to the obligation to repay the loans of KRW 100,000,000 to the Industrial Bank, the non-party company bears the obligation to return the loans of KRW 90,000 to the F Bank.
On the other hand, the non-party company and D did not have any active property other than each patent of this case.
[Ground of recognition] There is no dispute.