사해행위취소
1. The debt repayment contract dated June 25, 2018 between the defendant and the non-party limited liability company C (trade name before the change: D) is 62,50.
1. Facts of recognition;
A. On August 2015, the Plaintiff entered into a contract for the installation of landscaping facilities with the non-party company (hereinafter “non-party company”) and subsequently did not receive the remainder of KRW 56,200,00 from the non-party company. On July 25, 2016, the Plaintiff filed a lawsuit against the non-party company for the claim for the payment of goods under the Suwon District Court Sung-nam Branch Branch 2016Ga218125. (2) On November 15, 2016, the above court rendered a final and conclusive judgment that “the non-party company shall pay to the Plaintiff 56,20,000 won with the amount of KRW 55% per annum from August 26, 2015 to June 20, 2016; and that 15% per annum from the next day to the day of full payment.” The judgment became final and conclusive on July 25, 2016.
B. The Defendant supplied pine trees, etc. to Nonparty Company from May 2014 to September 2015. However, the Defendant did not receive KRW 78,850,000 out of the above transaction amount. 2) The Defendant lent KRW 21,150,000 to Nonparty Company on March 23, 2018, and KRW 7,150,000 on April 16, 2018, and KRW 21,150,000 on June 22, 2018, respectively.
2) On June 25, 2018, between the Defendant and the non-party company: (a) drafted a notarial deed of debt repayment contract (No. 661, 2018), stating that “the non-party company borrowed KRW 100 million from the Defendant on March 5, 2018 as the maturity date; and (b) if the non-party company fails to perform the above monetary obligation, it shall be immediately acknowledged that there is no objection even if compulsory execution is performed; (c) the non-party company was bound to perform the said monetary obligation (hereinafter “notarial deed of this case”; and (d) the contract under the instant notarial deed is “the instant debt repayment contract”.
(C) On July 5, 2018, the Defendant, based on the instant notarial deed, limited the claim amount to KRW 50,000,000 for the construction cost claim against the non-party company’s Gunsan-si under the Jeonju District Court Branch of 2018TTT3782.