사해행위취소
1. It was concluded on January 29, 2014 with respect to each claim described in the separate sheet between the Defendant and B.
1. Facts of recognition;
A. The Plaintiff’s claim against B was issued a certificate of borrowing from December 15, 2008 to B to the effect that the Plaintiff lent money several times to B, and on March 3, 2012, the Plaintiff received from B a legal interest rate of KRW 800 million in addition to the principal borrowed.
(hereinafter “Plaintiff’s monetary claim”). (b)
On February 22, 2012, B and C transferred “C” to C, a “stock company,” which is a production or sales company of children’s clothes, etc. that it operated.
After February 6, 2013, B filed a lawsuit against C to the Seoul Northern District Court seeking a transfer agreement, delivery of goods, etc., and C also filed a counterclaim against B.
[Plaintiff-Appellant-Appellee] On January 15, 2014, the above court rendered a judgment that “C shall pay to B an amount equivalent to KRW 197,830,30,300 per annum from December 19, 2013 to November 30, 2014; and KRW 5,00,000,00 as of the end of each month from January 31, 2013 to November 31, 2014; and KRW 85,00,000,000 as of December 31, 2014, as indicated in the list attached to B is delivered to B.”
The appeal filed by C against the above judgment and the appeal is pending in the Seoul High Court.
[Court 2014Na1445, 2014Na14452 (Counterclaim)] D.
On January 29, 2014, B and the Defendant entered into a contract on the assignment of claims between B and the Defendant (hereinafter “instant contract on the assignment of claims”) with the content that B and the Defendant transfers the instant claim, which is a claim pursuant to the first instance judgment of the contract deposit lawsuit, to the Defendant.
B notified the assignment of claims to C around that time, and the notification was delivered to C on February 3, 2014.
The plaintiff's provisional attachment and seizure 1 shall be the full amount of 500 million won, which is part of the plaintiff's monetary claim, to the Seoul Northern District Court, and the amount of winning and interest in the first instance court, and the amount to be paid in order.