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1.(a)
With respect to the claims described in attached Form 1, the assignment contract concluded on April 28, 2014 between the defendant and C shall be 420,148.
Reasons
1. Basic facts
A. On October 22, 2012, the Plaintiff loaned KRW 627,003,434 to C, and on October 23, 2012, on the ground that an agreement was reached between C and C to receive KRW 700 million on the date on which three months have elapsed from the above lending date (hereinafter “instant agreement”), the Plaintiff filed a lawsuit against C on August 20, 2014, seeking payment of the agreed amount and the delayed payment thereof under the court 2014Gahap2526, and on February 17, 2015, the judgment became final and conclusive around the said time.
C appealed against the above judgment on March 11, 2015, but the decision to dismiss the appeal was rendered on April 1, 2015.
B. On January 30, 2012, E Co., Ltd. (hereinafter “E”) and its representative director F transferred to C the claim amounting to KRW 850 million against their D partnership companies (hereinafter “D”), and C transferred to the Defendant the claim amounting to KRW 850 million against D on April 28, 2014 (hereinafter “instant claim”).
C. On June 3, 2014, the Defendant filed a lawsuit against D with the Gwangju District Court 2014Gahap3164, seeking the payment of the acquisition amount and the delay damages therefor. On September 16, 2014, the conciliation was concluded to the effect that “D shall pay to the Defendant the sum of KRW 100 million up to October 31, 2014, KRW 280 million up to December 31, 2014, KRW 380,000,000,000, and delay damages thereon.”
D On June 18, 2015, the Defendant as the principal of the instant conciliation claim was deposited in repayment (hereinafter “instant deposit”) with the Defendant KRW 380,027,00,000,000,000,000,000,000,000 for the principal of the instant conciliation claim, and the delay damages therefrom, and KRW 36,021,918, and KRW 4,126,340,00 for enforcement expenses.
E. On June 19, 2015, the Plaintiff’s claim for compensation for value arising from the revocation of the fraudulent act against the Defendant as the claim against the Defendant.