사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts are acknowledged in full view of each entry of Gap evidence Nos. 1 through 12, 19, 20, 22, 27, Eul evidence Nos. 14, 19, and 19 (including serial numbers), and the purport of the whole pleadings.
[1] On March 28, 2006, the Plaintiff Technology Credit Guarantee Fund concluded a credit guarantee agreement on March 28, 2007 between the Korea Spatial Data Communications Co., Ltd. (hereinafter “Spatial Data Technology Credit Guarantee Fund”) and the Korea Spatial Data Communications Co., Ltd. (hereinafter “Spatial Data Co., Ltd”).
This credit guarantee contract is extended by the term of guarantee, but on March 22, 2012, the guaranteed amount was 1,147,500,000 won, and the term of guarantee was changed on September 17, 2012.
On November 30, 2007, the Korea Technology Credit Guarantee Fund entered into a credit guarantee contract on November 28, 2008, which is 440,000,000 won guaranteed and the guarantee period between the non-party company and the non-party company.
This credit guarantee contract was changed to 396,00,000 won, and the term of guarantee was changed to November 28, 2012.
On September 11, 2008, the Korea Technology Credit Guarantee Fund concluded a credit guarantee contract on September 11, 2009 between the non-party company and the guaranteed amount of KRW 400,000,000, and the guaranteed period of KRW 11, 2009.
This credit guarantee contract was changed to 360,000,000 won, and the term of guarantee was changed to March 8, 2013.
Under the above credit guarantee contract (hereinafter “instant credit guarantee contract”), when the Korea Technology Finance Corporation performs the guaranteed obligation, the non-party company agreed to repay the amount of the guaranteed obligation to the Korea Technology Finance Corporation.
According to the credit guarantee contract of this case, the non-party company borrowed KRW 990,000,000 from the new bank under the credit guarantee contract of this case and borrowed KRW 1,350,000 from the Korean bank.
[2] Meanwhile, on December 30, 201, the Korea Local Information Research and Development Institute deposited KRW 633,487,236 in the name of the non-party company.
(Seoul Central District Court 201 No. 26950, hereinafter referred to as “instant deposit”). On March 13, 2012, between the Defendant and the non-party company, the right to claim the payment of the instant deposit by the non-party company and the right to claim the payment of the instant deposit.