사해행위취소
1. The contract to establish a right to collateral security concluded on March 23, 2018 between the Defendant and C regarding the real estate stated in the attached list.
1. Facts of recognition;
A. The Plaintiff’s credit against C (1) concluded a guarantee insurance contract with E operating a gas station on March 31, 2017, with the insured FF Co., Ltd., the insurance period from April 1, 2017 to March 31, 2018; and KRW 50 million as the insurance amount.
(hereinafter “this case’s guarantee insurance contract”). E’s wife, caused an insured event stipulated in the instant guarantee insurance contract, and where the Plaintiff pays insurance money to the insured, E provided a joint and several guarantee for the indemnity obligation to be borne by the Plaintiff.
(2) On March 28, 2018, an insured incident under the instant guarantee insurance contract occurred. On April 11, 2018, the Plaintiff paid the insured KRW 50 million of the insurance money to the insured.
(3) On April 9, 2018, the Plaintiff was issued a provisional attachment order with respect to the claim amounting to KRW 50 million with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) by the Gwangju District Court Branch Branch Branch of 2018Kadan348, and the provisional attachment registration was completed on the same day.
(4) Since then, the Plaintiff filed an application with the Gwangju District Court for a payment order with the Gwangju District Court 2018Guj2289, and on April 20, 2018, the above court ordered the Plaintiff to pay 50,541,090 won jointly and severally to the Plaintiff and 50,000,000 won per annum from April 17, 2018 to the final delivery date of the original copy of the instant payment order, and 6% per annum from the next day to the date of full payment, and 15% per annum from the next day to the date of full payment. The above payment order was finalized around that time.
B. The Defendant’s claim against C (1) concluded an oil supply contract with E on September 2016, and supplied E with oil from that time.
(2) On March 2, 2018, E delayed the payment of the oil price to the Defendant, and paid KRW 33,246,00 to the Defendant, and C jointly and severally guaranteed the Defendant’s obligation to pay the oil price to the Defendant on March 9, 2018.
C. Provisional seizure and provisional seizure on the Defendant’s instant real estate.