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(영문) 의정부지방법원 2017.08.23 2015가합3294

사해행위취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim against D and the assignment of claim to E on April 30, 2013, the Plaintiff transferred the principal of the said judgment and the claim for delay damages therefrom to E on July 5, 2011, in the lawsuit filed by the Jung-gu District Court 201Da7208, “D shall pay the Plaintiff KRW 100 million and its delay damages.” The judgment became final and conclusive on August 5, 2011, and received reimbursement of KRW 50 million from D on December 2, 2011. 2) The Plaintiff transferred the said judgment principal and the claim for delay damages therefrom to E on April 30, 2013, and notified D on the same day.

B. D on March 18, 2015, each credit transfer contract between D and Defendant B and C was concluded 1) D on March 18, 2015, and notified the Republic of Korea of the transfer of the above credit on March 19, 2015 for the payment of contingent fees, etc. to Defendant B, and to Defendant B. D on March 18, 2015. (2) On March 18, 2015, D transferred the credit listed in the attached Table 2 to the effect that each credit for Defendant C is repaid to Defendant C, F, G, and Defendant C, and notified the Republic of Korea of the said transfer of credit on March 19, 2015. < Amended by Act No. 13318, Mar. 19, 2015>

(hereinafter “instant Nos. 1 and 2” C.

(1) On March 25, 2015, the Plaintiff notified D of the withdrawal of the notification of the assignment of claims as of April 30, 2013, along with the Plaintiff’s written consent and the certificate of personal seal impression attached to D, and around that time, D of the notification of the withdrawal of the said notification of the transfer of claims. (2) The Plaintiff received the notification of the withdrawal of the said notification to D of the transfer of claims on April 30, 2015 under the Government District Court Decision 2015 TaT5270 of April 3, 2015, “The debtor and the third debtor are the Republic of Korea, the claim amount of KRW 114,975,451, the claim amount of KRW 114,575, the debtor was the dividends of the deposit case with the Government District Court Decision 5755, the above decision was served on D of April 22, 2015.