사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On April 7, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with B Co., Ltd. (hereinafter “Nonindicted Company”) with a credit guarantee amount of KRW 1,000,000,000 (80%) and up to April 6, 2017, with a guarantee term of KRW 1,250,000 (hereinafter “the instant credit guarantee agreement”). The Nonparty Company received a loan from the Industrial Bank of Korea as collateral within the limit of KRW 1,250,00,000 from the Industrial Bank as well as KRW 1,250,000.
B. From December 28, 2012 to April 26, 2016, the Defendant supplied Nonparty Company with goods, such as Kamerren, to the Nonparty Company. On July 21, 2016, the Defendant and the Nonparty Company concluded a mortgage contract setting forth a maximum amount of debt as KRW 200,000 regarding each of the real estate listed in the separate sheet owned by the Nonparty Company (hereinafter “instant real estate”) in order to secure the obligation to pay the said goods. On July 22, 2016, the Defendant and the Nonparty Company completed the registration of the establishment of a mortgage on the instant real estate on July 22, 2016.
C. The Defendant applied for a payment order against the non-party company for the payment of the price for the goods, and the judicial assistant officers belonging to the branch court of the Incheon District Court applied for the payment order to the non-party company on September 19, 2017, stating that “the non-party company would pay the Defendant the amount of KRW 228,884,318 and the damages for delay from April 26, 2016,” and the above payment order was finalized on October 12, 2017.
On March 31, 2017, the Plaintiff paid a total of KRW 1,024,127,019 to the Industrial Bank of Korea on behalf of the non-party company on behalf of the non-party company. The Industrial Bank of Korea applied for a voluntary auction on the instant real estate and received a decision to voluntarily commence the auction on March 20, 2017. On November 21, 2017, the Plaintiff distributed KRW 102,392,276 to the Defendant, who is the mortgagee of the said auction procedure (hereinafter “instant dividend table”).