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(영문) 서울북부지방법원 2015.03.06 2014가단30831
사해행위취소
Text

1. The assignment contract concluded on July 16, 2014 between the Defendant and C with respect to KRW 450 million among the claims listed in the separate sheet between the Defendant and C.

Reasons

1. Basic facts

A. On November 16, 2012, the Plaintiff loaned KRW 39,000,000 to C at interest rate of 24% per annum and on December 31, 2012.

Since then, C did not pay interest and principal of the above loan. On June 30, 2014, C promised to pay the Plaintiff the above loan and interest amounting to KRW 51,500,000 until August 30, 2014, and to not transfer the instant claim to others.

B. The instant claim contains a claim based on the agreement dated April 17, 2013 between C and the instant foundation that C paid KRW 50 million for the management and operation of the E Hospital operated by D (hereinafter “instant foundation”) with due care for the management and operation of the E Hospital that C had been recognized from the end of May 2013 to the end of the month until the end of 500 million won for the last day of May, 2013, and between C and the instant foundation. The said agreement contains a claim that C shall pay KRW 450 million to the Defendant, and if C did not properly perform it, it includes the content that the instant foundation may directly pay the said money to the Defendant.

C. On May 31, 2014, C transferred KRW 100,000 among the instant claims, the sole property of the Defendant, who is the Dongbook, to the Defendant, and notified the assignment of claims to the instant incorporated foundation on June 10, 2014.

On July 16, 2014, C transferred 450 million won among the instant claims, which are the only property of the Defendant, to the Defendant (hereinafter “transfer of claims”), and notified the instant incorporated foundation of the assignment of claims following the transfer of claims.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 9 (including provisional number), and the purport of the whole pleadings

2. The plaintiff asserts that C’s claim summary is that the transfer of KRW 450 million out of the claim of this case, which is the only property of one of the creditors, to the defendant who is the creditor, constitutes a fraudulent act. The defendant is not the defendant’s claim of KRW 450 million, which is the object of the transfer of this case’s claim, but the defendant’s claim of KRW 350 million, which is not the defendant’s claim of KRW 3

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