쟁점 채권 양도가 통정허위표시에 해당하여 무효인지 여부[국패]
Suwon District Court-2017-Ban-4009 ( October 10, 2018)
Whether the transfer of bonds at issue constitutes a false declaration of conspiracy and thus null and void
There is no objective circumstance that the transfer of the issue bonds is null and void by a false conspiracy, and it is decided by the notice of the transfer of claims with a fixed date and by the order of provisional attachment after the arrival of the third debtor (in the case of the transfer of claims, after the debtor).
2018Na55937 Confirmation of Claim for Payment of Deposit
DoAA
Korea
Suwon District Court Decision 2017Gadan4009 Decided 10, 2018
201.01.24
2019.02.14
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
1. Purport of claim
BBB made a deposit payment claim for KRW 71,255,607 out of KRW 23,954,190 deposited by Suwon District Court No. 7578 of July 5, 2013, the Suwon District Court confirmed that the Plaintiff is entitled to the deposit payment claim for KRW 71,255,607.
2. Purport of appeal
The judgment of the first instance is revoked. The plaintiff's claim is dismissed.
1. Quotation of judgment of the first instance;
The defendant's grounds for appeal do not differ significantly from the allegations in the first instance court, and it is recognized that the fact-finding and decision in the first instance court are legitimate in view of the evidence submitted in the first instance court and the testimony of the competentCC as a witness in the first instance court. This court's decision is the same as the statement in the grounds for the first instance court's decision, and therefore, it is acceptable in accordance with
2. Conclusion
Therefore, the decision of the first instance court is justifiable, and the defendant's appeal is dismissed.