사해행위취소
1. The assignment of claims between B and the Defendant on November 2, 2017 as to the claims described in paragraph (1) of the attached list between B and the Defendant shall be 19,569.
1. Basic facts
A. On January 13, 2016, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and B, with respect to a loan loan agreement entered into between the Plaintiff and D bank, the Plaintiff entered into a credit guarantee agreement between B and D bank with the principal of 54,000,000, and the term of guarantee from January 14, 2016 to January 19, 2018, and issued a credit guarantee agreement accordingly.
B. (1) On November 6, 2017, B entered into a credit guarantee accident due to the loss of profit during the period, the Plaintiff paid 54,923,050 won to D Bank on May 17, 2018 with respect to the above agreement, and collected 63,677 won from B to collect 54,859,373 won for subrogation, and became 54,992,280 won for the Plaintiff’s claim for reimbursement due to additional guarantee fee 69,230 won. (2) The Plaintiff filed an application with B for an order to demand reimbursement of indemnity from the Seoul Central District Court with the Plaintiff on July 20, 2018 and received an annual payment order from the above court on July 20, 2018 to May 28, 2018; and (3) the Plaintiff paid 54,992,280 won to the Plaintiff on May 28, 2018 to 18.
C. Meanwhile, on the other hand, on December 28, 2015, (i) the assignment of claims under paragraph (1) in the attached Table No. 2 (hereinafter “instant claim”) against the Defendant’s loan claim against the Defendant (as of October 25, 2017, KRW 35,000, KRW 100,000, and January 19, 2018, the lease term of KRW 140,000, and KRW 19,000, from January 20, 2016 to January 19, 2018) was transferred from Seodaemun-gu, Seoul. On the other hand, (ii) the transfer of claims under paragraph (1) of the attached Table No. 1 to the Defendant’s loan claim against the Defendant (hereinafter “transfer of claims”).
B’s property status is that there was no active property other than the instant claim at the time of the instant assignment of claims, whereas it is against the Defendant as a passive property.