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(영문) 서울서부지방법원 2018.10.17 2018가단209327

사해행위취소

Text

1. The debt repayment contract concluded on September 16, 2014 between the Defendant and Nonparty B shall be revoked within the scope of KRW 45,530,203.

Reasons

1. Basic facts

A. On May 3, 2006, the non-party Samsung Card Co., Ltd. acquired the credit card payment guarantee claim (the principal debtor C) from the non-party Samsung Card Co., Ltd., and on April 26, 2011, the Plaintiff acquired the above credit from the non-party Samsung Card Co., Ltd., which was notified to B around that time (hereinafter referred to as “the instant credit acquisition claim”), and the instant credit for the acquisition amount amount was KRW 45,530,203 (=the total amount of KRW 6,821,694) as of February 20, 2018.

B. On December 13, 2007, the Seoul Central District Court 2007 tea5757, with respect to the above claim against B, etc., was issued a seizure and collection order (the debtor: B, the third debtor: Geumcheon-gu Seoul Metropolitan Government, the claim amount: 34,340,266 won, and the seized claim: the part of the wage claim against Geumcheon-gu of Geumcheon-gu of Seoul Metropolitan Government) and executed it around that time.

C. On February 5, 2018, the Plaintiff was issued an execution clause to succeed to the above payment order as a successor of the Solomon Mutual Savings Bank, which was served on B on February 9, 2018.

The defendant was issued a promissory note of KRW 460,00,00 at par value from B as of October 30, 2012 (the payment date of the Promissory Notes was issued on September 20, 2014; hereinafter referred to as "the Promissory Notes in this case"); on September 16, 2014, a notary public was issued and delivered a notarial deed indicating that the Promissory Notes in this case will be immediately subject to compulsory execution (No. 574, 2014; hereinafter referred to as "notarial deed of this case") on September 24, 2014; on September 24, 2014, the notary public received the execution clause from the Seoul Southern District Court on September 29, 2014, and received a claim attachment and collection order (the debtor: B; the debtor; the debtor; the amount claimed; the debtor; the Geumcheon-gu District Court on September 20, 200, and the Geumcheon-gu District Court on the claim amount as of Geumcheon-gu.