사해행위취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. 1) The Plaintiff is a juristic person established under the Credit Guarantee Fund Act with the aim of ensuring the debt of an enterprise which lacks security capability and facilitating the financing of the enterprise, and contributing to the balanced development of the national economy by establishing sound credit order through the efficient management and operation of credit information. 2) A Co., Ltd. (hereinafter “Nonindicted Company”) obtained a loan from one bank (hereinafter “I bank”) on June 16, 2015 to secure the repayment of the principal and interest of the loan. The Plaintiff and the Nonparty Company made a credit guarantee agreement (hereinafter “the credit guarantee agreement in this case”) with the maturity from June 16, 2015 to December 15, 2015, with a view to ensuring the repayment of the principal and interest of the loan. The Plaintiff issued a credit guarantee agreement (hereinafter “credit guarantee agreement”) under the credit guarantee agreement in this case on the same day.
3) At the time of the instant credit guarantee agreement, B jointly and severally guaranteed the obligation to the Plaintiff of the non-party company. 4) The non-party company submitted the said credit guarantee agreement to a single bank as a security on June 16, 2015 and borrowed KRW 285,00,000 from the Han Bank.
B. (1) On June 9, 2015, the non-party company met the Plaintiff’s guaranteed liability. The non-party company is a credit guarantee accident (hereinafter “the instant credit guarantee accident”) around July 24, 2015, including provisional attachment execution from one card company, etc., for the land and above-ground buildings in Seo-gu Incheon, Incheon, a place of business.
(2) On September 24, 2015, the Plaintiff filed a claim against the Plaintiff for the repayment of the guaranteed obligation under the said credit guarantee agreement, and the Plaintiff paid the principal amount of KRW 244,460,116 (= principal amount + KRW 242,250,000 + interest KRW 2,210,116) to Han Bank in arrears.