사해행위취소 등
1. No. 777 of the deed 2013 drawn up February 15, 2013 by a notary public between the defendant and C.
1. Basic facts
A. On May 6, 2009, the Plaintiff filed a lawsuit against the Jeonju District Court No. 2014 Ghana5174, seeking the payment of loans lent to C.
On December 12, 2014, the Jeonju District Court rendered a judgment that “The Plaintiff shall pay 20 million won and 5% per annum from June 13, 2009 to July 14, 2014; and 20% per annum from the next day to the day of full payment.”
C appealed against the above judgment as the Jeonju District Court 2015Na284, and the appellate court rendered a judgment that “C’s appeal is dismissed” on October 12, 2016.
The above judgment became final and conclusive around that time.
B. The Plaintiff filed an application with the Jeonju District Court for a seizure and collection order on the claims, such as sales commission, etc., for Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) based on the executory exemplification of the judgment with Jeonju District Court 2015TT9 (27,268,493).
On February 3, 2015, the Jeonju District Court issued a collection and seizure order stating that “C’s claim against Samsung Fire is seized, and seized claims may be collected by the Plaintiff.”
(Plaintiff collected KRW 5,980,521 from April 2015 to October 2015, and C has resigned from Samsung Fire around that time).
On the other hand, on September 1, 2011, the Defendant and C drafted a notarial deed on February 15, 2013 as to the instrument of borrowing KRW 300 million (Evidence A 3) with the instrument No. 777, which was signed by a notary public on February 15, 2013, to authorize compulsory execution by entrusting a notarial deed of a contract for a monetary loan for consumption with the instrument No. 2013,
(hereinafter referred to as "debt performance contract") d.
The defendant shall pay 300,250,720 won as claimed by Jeonju District Court 2013TTT1526.
Based on the notarial deed stated in the port, C applied for attachment and assignment order on C’s sales commission fee claims against Samsung Fire.
The Jeonju District Court seized the claim against Samsung Fire on February 26, 2013.