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1. As to the patent rights listed in the separate sheet:
A. A transfer agreement entered into on January 9, 2018 between C and the Defendant.
Reasons
1. Basic facts
A. On April 13, 2017, the Plaintiff entered into a credit guarantee agreement with C (the guaranteed principal of KRW 117,000,000,000, and April 13, 2018), and C was granted a loan of KRW 130,00,000 from E Bank under the said guarantee agreement.
B. As a credit guarantee accident occurred on January 19, 2018 due to delay in the payment of interest, the Plaintiff subrogated to KRW 118,374,18 of the principal and interest of the E bank on April 27, 2018.
Then, on May 17, 2018, the Plaintiff applied for a payment order with C on May 23, 2018, and received a payment order with the purport that “C shall pay the Plaintiff the indemnity amount of KRW 118,817,368 and any delay delay damages of KRW 118,374,188,” and the said payment order was finalized on June 9, 2018.
C. On the other hand, on January 9, 2018, C completed the registration of the transfer of all rights based on the transfer agreement (hereinafter “instant transfer agreement”) on January 9, 2018 regarding the patent right listed in the separate sheet (hereinafter “instant patent right”). D.
At the time of the conclusion of the transfer agreement of this case, C had a large number of obligations, such as the obligations of KRW 130,000,000 to E Bank, while there was no particular assets other than the patent of this case.
[Reasons for Recognition] The non-contentious facts, Gap evidence Nos. 1 through 9, the fact inquiry results against the Daegu Metropolitan City Mayor of this Court, the purport of the whole pleadings
2. Determination
A. The existence of the preserved claim requires that, in principle, a claim protected by the obligee’s right of revocation was created prior to the commission of an act that could be viewed as a fraudulent act. However, there is a high probability that at the time of the fraudulent act, there has already been legal relations that form the basis of the establishment of the claim, and that the claim should be established in the near future by virtue of such legal relations, and in the near future, where a claim has been created due to its realization in the near future, the claim may also become the preserved claim of
Supreme Court Decision 201. 201