사해행위취소
1. Of the judgment of the court of first instance, the part revoking the assignment of claims and ordering the notification of the assignment of claims.
1. Money transaction relationship of the C stock company;
A. The Plaintiff’s claim for the return of the loan to C Co., Ltd. 1) The Plaintiff incurred on November 9, 2010 only the C Co., Ltd. (hereinafter “C”).
(2) Around January 14, 2015, the Plaintiff filed an application with C for a payment order of KRW 240,000,000 and KRW 25% per annum from February 10, 201 to the date of full payment, with the overdue interest rate of KRW 36 million set at 36% per annum. (ii) The Plaintiff did not fully pay the loan even after the due date agreed upon by C, and the Plaintiff filed an application with C for a payment order of KRW 240,000 and KRW 25% per annum from February 11, 2011 to the date of full payment. The Plaintiff received a payment order of the same content on January 20, 2015, and was finally confirmed on March 12, 2015.
(Seoul Central District Court 2015 tea1814).(b)
C 1) The occurrence, etc. of the credit for settlement of accounts against D, E, and F of C is referred to as “D, etc.” in total as “D, etc.” on October 18, 2007.
A) The supply of and demand for new apartment construction, completed around August 2009, and completed the construction on September 23, 2009, as a result of an agreement with D, etc. on the construction cost, and as a result, D, etc., the settlement amount claim (hereinafter “settlement amount claim”).
(2) On November 4, 2010, as D et al. did not repay the claim for the settlement amount to C, it closed its business on the ground of a light order, etc., and C, which was intended to provisionally attach the land owned by D by using the claim for the settlement amount as the preserved bond. In the event the court orders the security for provisional attachment, it could not be issued the deposit guarantee insurance policy under the name of C or the representative director G, which was a state of default on national taxes, in the event that D et al. orders the security for provisional attachment, the court transferred the claim for the settlement amount to H on March 12, 2012 in order to proceed with the provisional attachment and the principal lawsuit on the land owned by H under the name of an employee.
(C) On April 9, 2012, H applied for provisional seizure of real estate against D-owned land by taking the acquisition amount of KRW 1,371,69,545 under the preceding contract for the assignment of credit (hereinafter “transfer of credit in advance”) as the preserved claim (in Incheon District Court Decision 2012Kahap375, May 10, 2012, the Plaintiff acquired the said amount.