사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff’s claim for reimbursement against A 1) The Plaintiff on March 24, 2011 (hereinafter “B”).
(B) A credit guarantee agreement was concluded between March 24, 201 and March 23, 2012 with a credit guarantee term of KRW 900,000,000, and the guarantee term of KRW 900,000. The credit guarantee agreement was concluded between March 24, 2011 and March 23, 2012. B around that time the credit guarantee agreement was
(C) A loan of KRW 1,000,000 was extended by March 17, 2017.
(2) On June 26, 2013, the Plaintiff entered into a credit guarantee agreement with B and the coverage amount of KRW 425,000,000, and from June 26, 2013 to June 26, 2014, and B around that time borrowed KRW 500,000,000 from a national bank as collateral, a credit guarantee agreement based on the said credit guarantee agreement.
(A) On September 2, 2016, the term of guarantee was extended until June 23, 2017. (3) A guaranteed the obligation of B to the Plaintiff in relation to each of the above credit guarantee agreements. (4) However, B, on September 2, 2016, caused a guarantee accident due to the default of the current account and delayed payment of interest. Accordingly, each of the above loans obligation lost the benefit of the term.
5) On November 24, 2016, upon a claim based on the above credit guarantee agreement, the Plaintiff subrogated for KRW 1,344,110,771 to the National Bank on November 24, 2016, and recovered KRW 5,308,719, and on November 14, 2016, the amount of the amount of the indemnity as of November 14, 2016 is KRW 1,338,802,052. 6) the Plaintiff applied for the payment order against B and A as Seoul Southern District Court Decision 2017Hu10346, Feb. 1, 2017. The said court decided the payment order as of February 1, 2017. The said payment order was finally finalized on February 21, 2017.
B. On November 3, 2016, A entered into a mortgage agreement between the Defendant Company and each of the instant real estate (hereinafter “mortgage agreement”) and Daejeon District Court on the same day.