사해행위취소
1. Revocation of the first instance judgment.
2.(a)
On March 18, 2015, the claims described in attached Table 1 list between Defendant B and D are related to the claims described in attached Table 1 list.
1. The reasons for this part of the underlying facts are the same as the corresponding part of the judgment of the court of first instance (from November 26, 2008 to March 4, 2011, and from the next day to the day of full payment, the damages for delay calculated at the rate of 7.5% per annum from March 26, 2008 to March 4, 201, and the damages for delay calculated at the rate of 20% per annum from the next day to the day of full payment). Thus, this part of the reasoning for the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance (from Chapter 13 to Chapter 18) under the main sentence of Article
2. Determination on the cause of the claim
A. The grounds for this part of the allegations by the parties are as stated in the corresponding part of the judgment of the court of first instance (from No. 21 to No. 512), and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
B. 1) According to Article 452 of the Civil Act, the assignee of a claim may withdraw the assignment of claim with the consent of the assignee of the claim, and Article 450 of the Civil Act can be inferredly applied even when the assignment of claim is withdrawn. Thus, in order to oppose the original obligor again as the claim for the reason that the assignment of claim is withdrawn, the assignee of the claim must notify the obligor of the fact that the assignee withdraws
(See Supreme Court Decision 93Da17379 Decided August 27, 1993, and Supreme Court Decision 201Da17953 Decided November 29, 2012). Meanwhile, the notification of assignment of claims under Article 450 of the Civil Act may be avoided if the transferor does not directly act on the part of the transferor, but through the deceased or by the agent, and the transferee of the claim may also be delegated with the authority of the transferor to notify the assignment of claims as an agent.
In addition, when the transferee entrusted with the notification of the assignment of claims on behalf of the transferor gives notice of the assignment of claims, it is necessary to indicate the transferor and his agent in accordance with Article 114(1) of the Civil Code.