사해행위취소
1. Revocation of the first instance judgment.
2. The separate list between Defendant C Incorporated Co. and E (R) shall be listed in the separate list.
1. Basic facts
A. The Plaintiff’s acquisition of credit against E, etc. 1) F Co., Ltd. (hereinafter “F”).
) The joint and several sureties of E and G H Co., Ltd. (hereinafter “H”)
(2) From June 1, 199, KRW 150 million, KRW 500 million, KRW 500 million, and KRW 3150 million, December 29, 1998, each of which was granted loans (hereinafter “H’s above claim and its identity”) and transferred claims under the title of “the instant claim”.
(2) As of April 30, 2001, F delayed payment of the instant claim, the sum of the principal and interest of the instant claim was KRW 1,976,035,981 (the loan principal KRW 1,015,088,69 and the agreed delay damages). (2) The Korea Asset Management Corporation acquired the instant claim from Company I that merged H on June 28, 2001, and filed a lawsuit against F, E, and G seeking payment of the principal and interest of the instant claim under Seoul Central District Court Decision 2003Gahap82605.
On March 11, 2004, "F, E, and G jointly and severally paid 1,976,035,981 won to the Korea Asset Management Corporation and 1,015,088,69 won among them at the rate of 21% per annum from May 1, 2001 to the date of full payment." The above judgment became final and conclusive on April 18, 2004.
(3) On September 18, 2012, the Plaintiff acquired the claim from the Korea Asset Management Corporation to KRW 1,010,093,079 out of the instant claim and the agreed delay damages therefrom, and notified F and E of the fact of the acquisition of the claim on October 19, 2012 (hereinafter “the instant judgment”).
(4) On March 21, 2014, the Plaintiff filed an application with the Seoul Central District Court for a payment order for a part of its amount (100,000,000) for the interruption of extinctive prescription of a claim based on the instant judgment, which was implemented as a lawsuit.
As a result of the above lawsuit, F on May 8, 2015, and E shall jointly and severally pay to the Plaintiff KRW 100,000,000, and it shall be repaid to the Plaintiff from May 1, 2001.