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(영문) 수원지방법원성남지원 2016.11.16 2015가합206160

사해행위취소

Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. Attached list between the Defendant and the Intervenor joining the Defendant.

Reasons

1. Facts of recognition;

A. On August 30, 198, D Co., Ltd. (hereinafter “D”) entered into a bill transaction agreement with the National Comprehensive Finance Co., Ltd. (hereinafter “ND”) (hereinafter “ND”). The Intervenor joining the Defendant jointly and severally guaranteed all obligations that D bears with respect to the national comprehensive financing pursuant to the Promissory Notes transaction agreement.

Accordingly, pursuant to the Agreement on Transactions of Bills of Exchange and Promissory Notes, the Korean Comprehensive Finance Co., Ltd. (hereinafter referred to as the “Korea Comprehensive Finance Co., Ltd.”) offered a discount on the bill issued by D in June and November 1998, but D failed to repay the said discounted bill on the date.

Accordingly, the Korea Deposit Insurance Corporation filed a lawsuit against the Defendant, a joint guarantor of D, seeking payment of discounted bills against the Seoul Central District Court Decision 2009Da248578, Dec. 1, 2009, and the above court rendered a judgment on Dec. 1, 2009 that “The Defendant joining the Defendant jointly and severally with D, with D, paid 2.3 billion won per annum from January 1, 2009 to October 22, 2009, and 20% per annum from the next day to the date of complete payment.” The above judgment became final and conclusive on Dec. 24, 2009.

B. On October 17, 2012, the Korea Deposit Insurance Corporation in bankruptcy for comprehensive national finance of the bankrupt country is the Plaintiff.

According to the judgment stated in the paragraph, the entire claim against the Intervenor joining the Defendant (hereinafter “instant judgment claim”) was transferred, and on the same day, the Defendant notified the Defendant of the assignment of the claim.

C. Meanwhile, on June 23, 2011, the Defendant’s Intervenor entered into a contract with the Defendant, who is the spouse, to transfer the claims listed in the separate sheet (hereinafter “instant claim”) to the Defendant (hereinafter “instant contract for assignment of claims”), and the assignment of claims to the Han Manufacturing Business Co., Ltd. on the same day (hereinafter “ Han Manufacturing Business”).