사해행위취소 등
1. A notary public between Defendant A and C on October 19, 2015, No. 905, drafted on October 19, 2015.
1. Basic facts
A. On December 13, 2008, the Plaintiff’s claim for transfer-price C obtained a loan of KRW 32,000,000, with the approval of the application of the basic terms and conditions of credit transaction with the Korea SPS Bank Co., Ltd.
After December 15, 2005, Korea Standards Bank, Inc., transferred its claim for the loan to the social loan corporation of Dongyang-gu on December 15, 2005, and on November 1, 2010, the social loan corporation of Dongyang-gu transferred its claim to the plaintiff (the changed company name: Tynam Loan corporation).
The Plaintiff filed a lawsuit against C with the Jeonju District Court No. 2012Kadan20651, and the Jeonju District Court rendered a judgment against C on September 14, 2012 that “The Plaintiff shall pay to C the amount calculated at the rate of 20% per annum from July 19, 2012 to the date of full payment” with respect to KRW 56,347,341, and KRW 31,215,341, whichever is earlier.
The above judgment became final and conclusive on October 25, 2012.
B. On October 19, 2015, C and C’s agent for the collection of claims and D and Defendant A entrusted the notary public with the preparation of a notarial deed of monetary loan agreement for consumption of loans of KRW 250 million on May 15, 2015, and the notary public drafted a notarial deed entrusted by 905 on October 19, 2015, with the content that the notary public entrusted by 905 of the deed of 2015.
Defendant A filed an application with the Jeonju District Court 2015TT9352 for a seizure and collection order as to the benefit claim against the Hyundai Motor Company C (hereinafter “Modern Motor”), which is KRW 250,000,000,000, and the Jeonju District Court rendered a decision on November 9, 2015 that “C’s claim against Hyundai Motor may be seized, and seized claims may be collected by Defendant E.”
C. C and Defendant B’s agent for the collection of claims and D and Defendant B’s agent for the collection of claims, respectively, on October 20, 2015, the notary public signed a monetary loan agreement with respect to KRW 200 million on May 15, 2015 on loans to a law firm Suwon-do, a notary public on May 15, 2015.