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1. A sales contract concluded on September 5, 2014 between the Defendant and C Co., Ltd. with respect to the motor vehicles listed in the separate sheet.
Reasons
1. Facts of recognition;
A. As of May 31, 2007, the Hanmun-do Corporation had USD 3,192,095.77 credit sales claims (hereinafter “the instant claim”) with respect to the Chinese Cheong Tae-do Corporation, a business partner, a business partner, as of 31 May 31, 2007.
B. Around June 25, 2007, the Plaintiff was transferred KRW 3 billion among the instant claims from the Cheongyang-do Corporation (hereinafter “transfer of claims”). C Co., Ltd. (hereinafter “C”) took over the obligation of the Cheongyang-si Limited Corporation (hereinafter “E”) and was given notification and consent on the instant transfer of claims around that time.
C. On August 28, 2015, the Plaintiff filed a lawsuit against C and E seeking partial payment of the transferred amount of the instant assignment of claims with Busan District Court Decision 2015Da15753, and the said court rendered a favorable judgment with respect to the Plaintiff on August 28, 2015, that “C and E jointly pay to the Plaintiff KRW 95,00,000,000 as well as 6% per annum from May 31, 2007 to June 12, 2015, and 20% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive on September 15, 2015.
On September 5, 2014, the Defendant entered into a contract to purchase the motor vehicles listed in the separate sheet (hereinafter “instant motor vehicles”) with C for KRW 33 million (hereinafter “instant sales contract”). On September 5, 2014, the Defendant completed the procedure for registration of transfer of the name to D on September 5, 2014.
E. Meanwhile, C’s net losses in the year 2013 exceeded KRW 961,672,541, etc., which led to the aggravation of financial resources. From September 2014, C had been proceeding in the process of bankruptcy and closed on January 13, 2015.
[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 10, Gap evidence Nos. 17, 23, Eul evidence Nos. 4 (including each number), the fact-finding results on the head of the Busan Metropolitan City Vehicle Registration Office (No. 13, 2015), and the purport of the entire pleadings.