사해행위취소
1. The judgment of the first instance, including a claim that has been changed in exchange at the trial, shall be modified as follows:
annex.
1. Basic facts
A. A. On August 2008, the Plaintiff entered into a payment guarantee insurance contract with C (hereinafter “C”) with the representative director with respect to the rental fee and the obligation to compensate for any violation of contract against C (hereinafter “C”), with the content that the insurance amount is KRW 10,000,000, and the insurance period is from August 10, 2008 to August 9, 201, and H jointly and severally guaranteed all the obligations arising from the said payment guarantee insurance contract with C as the policyholder.
B. C delayed the payment of rental fees and penalty for breach of contract for the Slren Port Co., Ltd., and as of October 4, 2010, the Plaintiff subrogated for KRW 10,000,000 to Slren Port Co., Ltd. as of December 16, 2014, and as of December 16, 2014, the Plaintiff’s joint and several liability claim for the principal and interest of the indemnity claim against C and the amount of KRW 16,397,250 (= Principal = KRW 10,00,000 for delay damages of KRW 6,397,250 for delay damages of KRW 6,250 (from October 5, 201 to December 16, 2014)).
C. Meanwhile, from June 30, 2010 to June 30, 2010, C and H shared 1/2 shares of each of the patent rights listed in the separate sheet (hereinafter “instant patent”). However, D and D entered into a contract with D for transfer and takeover of the right to the instant patent (hereinafter “instant transfer contract”), and on the same day, they completed the registration of transfer to E with the receipt number of the Korean Intellectual Property Office (hereinafter “instant transfer”).
C closed on August 10, 2010, and C and H did not have any particular property other than 1/2 shares of the instant patent at the time of entering into the instant transfer contract, and H did not have any fact that the property tax was imposed in 2011 and 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 6-1, Gap evidence 7-1, fact-finding results in the court of first instance against Kim Jong-si, the purport of the whole pleadings, and the purport of the whole pleadings
2. The assertion and judgment
A. 1) Determination as to whether a fraudulent act has been established or not shall be made on the debtor's own property.