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Reasons
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(영문) 대구지방법원서부지원 2019.07.18 2018가합52574
사해행위취소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) On May 15, 2015, the Plaintiff is C Co., Ltd. (hereinafter “C”).

B) Before May 13, 2016, the coverage amount of KRW 425 million, the guarantee period of KRW 425 million, and the guarantee period of KRW 10 million (after that, the guarantee period was changed by September 28, 2018).

(i)a credit guarantee contract (hereinafter referred to as “credit guarantee contract”) set forth therein;

C) Around that time, C entered into a contract with D (hereinafter referred to as “D”).

(2) On November 11, 2016, the Plaintiff entered into a credit guarantee agreement with C by setting the guarantee amount of KRW 250,0290,000 and the guarantee period of KRW 28,018 (hereinafter “credit guarantee agreement”) as of September 28, 2018, and C borrowed KRW 278,100,00 from D as collateral.

3) At the time of entering into each of the credit guarantee contracts in this case, B, the representative director of C, was jointly and severally liable for the Plaintiff according to each of the credit guarantee contracts in this case. 4) The Plaintiff subrogated for KRW 680,159,283 to D on September 28, 2018 on the ground of the occurrence of the guarantee accident in each of the credit guarantee contracts in this case.

B. On July 3, 2017, B, including the conclusion of a sales contract between B and the Defendant, entered into a sales contract with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”). On the same day, B entered into the instant sales contract with the Defendant, and completed the ownership transfer registration based on the said sales contract (hereinafter “instant transfer registration”).

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 9 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. The plaintiff's assertion 1 of the parties is the creditor who has the right of indemnity based on the subrogation as seen earlier against B, and this case's real estate between B and the defendant.

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