사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 25, 2013, the Plaintiff: (a) lent KRW 1.3 billion to the Pyeongtaek Medical Foundation (hereinafter “Seoul Village Medical Foundation”); (b) on April 30, 2014, the Pyeongtaek Medical Foundation divided the Plaintiff into KRW 220 million on April 30, 2014, KRW 120 million on October 30, 2014, KRW 100 million on April 30, 2015, KRW 140 million on October 30, 2015, KRW 140 million on October 30, 2015, KRW 140 million on April 14, 301, KRW 140 million on April 30, 2016, KRW 140 million on October 14, 3016, KRW 100 million on October 30, 3016, KRW 400,000,371.4 billion on the basis of an agreement.
B. In addition, in the event of delay in the repayment of principal, the parties agreed to pay damages for delay calculated at the rate of 24% per annum for the delayed principal and concluded a special agreement to lose the benefit of time when the Pyeongtaek Medical Foundation delays the payment of installment at one time, and the Pyeongtaek Medical Foundation did not pay any such amount.
C. On December 19, 2013, the Pyeongtaek Medical Foundation entered into a contract with the Defendant to transfer a claim of KRW 7 billion to the National Health Insurance Corporation (hereinafter “instant claim”) to be incurred in the future (hereinafter “instant transfer contract”) through the operation of the Korea Forest Service (hereinafter “the instant claim”). After filing an application for rehabilitation with the Jeju District Court 2014 Gohap100, the Jeju District Court filed an application for rehabilitation and revoked the order to commence rehabilitation on October 10, 2014, and then the Jeju District Court 2014hap109. However, the decision to discontinue rehabilitation was subsequently rendered on October 10, 2014.
[Ground of recognition] Facts without dispute, Gap Nos. 1, 2, 11 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. On April 25, 2013, the Plaintiff revoked a fraudulent act and returned to the original state have a loan claim of 1.3 billion won against the Pyeongtaek Medical Foundation due to a loan agreement entered into by April 25, 2013. The Pyeongtaek Medical Foundation transferred the instant claim, which is the only revenue cause, to the Defendant under the condition that it has no means to repay. The Plaintiff is the Plaintiff.