사해행위취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On October 5, 2015, the Plaintiff’s Intervenor (hereinafter “ Intervenor”) concluded a credit guarantee agreement with Company A (hereinafter “debtor Company”) on the amount of loans owed to the Bank of Korea by the obligor Company as the guaranteed amount of KRW 62,90,000,000, and the guaranteed period of October 5, 2016 (which shall be extended by October 2, 2017 thereafter).
(hereinafter “instant credit guarantee”). (b)
The obligor Company failed to perform its obligation with respect to the credit guarantee of this case. On April 26, 2017, the Intervenor repaid KRW 63,446,938 of the principal and interest of loan due to credit extended to the Industrial Bank of Korea.
The agreed amount of damages with respect to the payment by subrogation is 12% per annum, and the provisional payment is 509,175 won.
C. On May 10, 2016, D Co., Ltd. applied for an order to pay service costs to the debtor company. On May 12, 2016, the Suwon District Court received an order to pay KRW 1,618,696,380 to D Co., Ltd., and the annual amount of KRW 6% from April 30, 2016 to May 19, 2016 and the annual amount of KRW 15% from the next day to the date of full payment, and the payment order was finalized as it is.
(U.S. District Court 2016 tea1316), d.
D Co., Ltd. completed the registration of Suwon District Court, Dongwon District Court, Suwon District Court, Jun. 20, 2016, No. 53695, Jun. 15, 2016, as to the real estate listed in the separate sheet (hereinafter “instant real estate”).
(hereinafter “Provisional Registration of this case”) e.
D Co., Ltd., on November 16, 2016, received a decision to commence compulsory auction from Suwon District Court E with respect to the instant real estate.
F. On November 29, 2016, the debtor company and the Defendant concluded a sales contract with respect to the instant real estate as of December 16, 2016, setting the date of the purchase price of KRW 190,000,000, the date of payment of the purchase price and the date of transfer of ownership, etc.
(g) The instant sales contract. D Co., Ltd. on December 7, 2016.