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(영문) 인천지방법원 2020.06.18 2019가단22271

사해행위취소등

Text

1. The transfer contract between Defendant B and D on November 27, 2018 concerning the claim for the refund of the lease deposit indicated in attached Form 1.

Reasons

1. Basic facts

A. On May 23, 2019, the Plaintiff filed a lawsuit against D with the Incheon District Court seeking the payment of the borrowed amount, and the said court rendered a judgment of recommending confession that “D shall pay to the Plaintiff the amount of KRW 85,500,000 and interest calculated at the rate of 15% per annum from January 18, 2019 to the date of full payment.”

(B) The Plaintiff’s claim against D (hereinafter “instant judgment right”).

D on August 31, 2018, Defendant C leased F building and G from Defendant C in KRW 360,000,000, the deposit amount of KRW 360,000.

(hereinafter referred to as “the claim to return the lease deposit of this case”) to Defendant C.

D As indicated in attached Form 1 on November 27, 2018, as indicated in attached Table 1, a contract was concluded for transferring KRW 71,100,000 among the claims to return the lease deposit of this case to Defendant B (hereinafter “instant contract for the assignment of claims”). Defendant C notified Defendant C of the fact of the assignment of claims of this case with a notice of the fixed date of assignment of claims dated November 28, 2018.

The plaintiff above A.

Based on the claim of the judgment stated in paragraph (1), the Incheon District Court (2018Kadan106598) received the provisional seizure order on the claim for the refund of the lease deposit of this case, and applied for the attachment and assignment order on the above claim to the Incheon District Court.

On July 10, 2019, the above court rendered a decision to seize and transfer KRW 85,50,000 among the claims for the return of the lease deposit of this case, and KRW 6,265,414, total sum of interest and execution expenses from January 18, 2019 to July 4, 2019, and the above attachment and assignment order of claims became final and conclusive on October 1, 2019.

E. As indicated in attached Form 2, Defendant C, as of August 22, 2019, deducted KRW 297,611,818, and KRW 1,208,500, the remainder of KRW 61,179,682 from the amount of repayment of the principal and interest of the loan for the lease deposit transferred in priority at the time of the lease agreement, from among the claims for the refund of the lease deposit in this case, as indicated in attached Form 2, by the J.S. District Court No. 8117, 2019.