사해행위취소
1. Defendant B’s KRW 51,755,237 as well as the Plaintiff’s annual rate of 5% from January 28, 2015 to April 7, 2015.
1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 7, and purport of the whole pleadings);
A. 1) The Plaintiff is a corporation D (Defendant B’s representative director) on May 15, 2013.
hereinafter referred to as “foreign company”
As of April 2013, between the non-party company and Defendant B, as of the end of 2013, the amount of debt that the non-party company is obligated to pay to the Plaintiff is KRW 1,892,670 of unpaid expenses, KRW 3,491,80 of unpaid retirement allowances, KRW 13,363,910 of borrowed money, KRW 8,735,445 of prepaid payment (management of borrowed money), KRW 27,483,83 of the total amount of principal and interest paid (However, the Plaintiff’s individual loan repayment of KRW 40 million, KRW 24,000,00 of interest paid by the non-party company on behalf of the non-party company each month). Of the total amount of the event project, the non-party company confirmed that the amount of debt would be KRW 25,471,404 of the total settled amount of the event project, but when it is difficult for the non-party company to pay part of the debt to the Plaintiff, the non-party company agreed to perform the agreement (hereinafter “instant”).
2) Accordingly, the non-party company did not implement the instant agreement, such as repaying interest on the Plaintiff’s obligation of loans, in accordance with the instant agreement.
B. 1) Defendant B and Defendant C entered into a gift agreement (hereinafter “instant gift agreement”) with Defendant C on November 16, 2012 regarding the real estate listed in the separate sheet, the only real estate of Defendant B (hereinafter “instant real estate”), and completed the registration of transfer of ownership based on the gift under Defendant C’s name on the 21st of the same month.
2. Determination as to the claim against the defendant B
A. According to the above facts of recognition, Defendant B shall pay in full the debt amount to the Plaintiff of the non-party company pursuant to the agreement of this case, and the non-party company did not repay interest on the Plaintiff’s debt, barring special circumstances.