사해행위취소
1. As to real estate listed in the separate sheet
A. The contract to establish a right to collateral security concluded on June 27, 2018 between Defendant B and D, as well as Defendant D.
1. Basic facts
A. On June 14, 2013, D established a company E (hereinafter “E”) with the business purpose of manufacturing and selling cosmetics.
B. On November 30, 2015, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) loaned KRW 30 million on December 28, 2015, KRW 100 million on December 28, 2015, KRW 150 million on March 16, 2016, KRW 20 million on July 20, 2016, KRW 100 million on August 11, 2016, KRW 10 million on August 11, 2016, KRW 100 million on September 30, 2016, and KRW 130 million on September 30, 2016.
C. On March 27, 2017, the Plaintiff (the name “Small Business Corporation” was changed to the name as of March 19, 2019) made a loan of KRW 50 million to E and the Plaintiff, but the interest rate shall be 2.25% per annum, and the compensation rate for delay shall be 12% per annum, and the principal shall be paid in equal installments on the date of repayment every two years, and the interest shall be paid on the repayment date every three years in accordance with the repayment date schedule (hereinafter “instant loan agreement”). < Amended by Presidential Decree No. 20690, Mar. 27, 2017; Presidential Decree No. 20690, Feb. 1, 2017; Presidential Decree No. 20680, Feb. 23, 2017; Presidential Decree No. 20680, Feb. 28, 2015>
C. On March 31, 2017, the Plaintiff paid KRW 50 million to E with loans under the instant loan agreement.
D With respect to the real estate listed in the separate sheet on June 27, 2018 (hereinafter “instant real estate”), D shall conclude a mortgage contract with Defendant B, the maximum debt amount of which is KRW 133 million with Defendant D, and the debtor D (hereinafter “mortgage 1”). The Suwon District Court Head of the Suwon District Court No. 15216, Jun. 28, 2018 (hereinafter “the creation registration of a neighboring mortgage”) with Defendant B (hereinafter “the creation registration of a neighboring mortgage”) was signed, and ② the amount of KRW 150 million with the Defendant Company and the maximum debt amount.