사해행위취소 등 청구의 소
1. The plaintiff's main claim is dismissed.
2.(a)
Defendant and C on July 6, 2016, the notary public law firm D 2016.
1. Basic facts
A. On September 27, 2012, the Plaintiff entered into a credit transaction agreement with C on September 27, 2012, and loaned KRW 100,000,000 by setting the date of loan as September 27, 2013 and the interest rate for arrears as 15% per annum.
B. On May 2, 2017, the Plaintiff applied for a payment order as Seoul Central District Court Decision 2017 tea196075 with respect to the above loan, and on May 2, 2017, the Plaintiff received the payment order stating that “C shall pay to the Plaintiff 93,548,655 won and the amount of KRW 86,00,000 per annum from April 19, 2017 to May 8, 2017, 14.8% per annum, and 15% per annum from the next day to the date of full payment” (hereinafter “instant payment order”). The instant payment order was finalized on May 23, 2017.
C. On the other hand, on July 6, 2016, C prepared a notarial deed stating that “C shall pay to the Defendant KRW 280,000,000 by June 30, 2017, and shall not have any objection even if compulsory execution is not made if it is not made by the payment date” (hereinafter “instant notarial deed”). D.
On September 8, 2016, based on the instant authentic deed, the Defendant was issued an attachment and assignment order of claim against C and a third obligor E Co., Ltd. (hereinafter “E”), and a claim claim amounting to KRW 293,565,876 on the basis of the Jeonju District Court’s notarial deed (hereinafter “instant assignment order”). On October 5, 2016, the instant assignment order was finalized on October 5, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including additional numbers), the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s assertion C, even though he did not actually borrow money from the Defendant, in collusion with the Defendant to avoid compulsory execution, entered into a monetary loan agreement of KRW 240,00,000 in collusion with the Defendant for a false representation (hereinafter “instant monetary loan agreement”), and the amount of the loan is KRW 280,000,000.