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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 against C Co., Ltd. (1) entered into an agency contract with C Co., Ltd. (hereinafter “C”) on December 1, 2009, and accordingly, supplied goods equivalent to KRW 297,482,597, such as circuit protection blocking devices, distribution circuit blocking devices, etc., and C’s representative director, jointly and severally guaranteed the Plaintiff’s obligation to pay for the goods.
(2) On July 11, 2013, the Plaintiff filed a lawsuit against C and B with the Seoul Central District Court 2013Gahap13851, and was sentenced to the above court’s judgment that “C and B jointly pay to the Plaintiff the amount calculated at the rate of 20% per annum from May 22, 2013 to the date of full payment” and the above judgment became final and conclusive on August 2, 2013.
B. C’s act of disposal of property and the Defendant’s cancellation of the Defendant’s right to collateral security (1) entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on February 6, 2013 regarding the No. 701 (hereinafter “instant real estate”) of the building D in Kimpo-si, Kimpo-si, and completed the registration of ownership transfer for reasons of sale on February 13, 2013.
(2) On May 25, 2009, C completed the registration of the establishment of a neighboring mortgage with the debtor C and the maximum debt amount of KRW 300 million on the instant real estate, and ② the registration of the establishment of an additional mortgage with the debtor C and the maximum debt amount of KRW 300 million on July 21, 2010, and the Defendant cancelled the registration of the establishment of a neighboring mortgage on each of the instant real estate on February 13, 2013 by repaying the debt owed to the bank after the instant sales contract.
C. C’s creditor’s lawsuit for revocation of the fraudulent act and Defendant’s deposit (1) The Plaintiff asserted against the Defendant that the instant sales contract constituted a fraudulent act. The Plaintiff was Suwon District Court 2013Kahap3845 on February 22, 2013, the Korea Credit Guarantee Fund was Seoul Central District Court 2013Da50473 on April 17, 2013, and the Incorporated Electrical Co., Ltd. was incorporated on February 18, 2014.