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1. Revocation of a debt repayment agreement concluded on April 9, 2019 between the Defendant and Nonparty C.
2. Seoul Central District Court D. D.
Reasons
1. Facts of recognition;
A. The Plaintiff (former E-liability Company) bears the obligation to pay to the Plaintiff the amount of KRW 25% per annum from September 21, 2011 to the date of full payment, within the limit of KRW 819,00,000,000, which is calculated by the Seoul Central District Court Decision 2012Da22729 decided February 13, 2013 (hereinafter “instant final judgment”); and C bears the obligation to pay to the Plaintiff the amount of KRW 133,870,203 and the amount of KRW 50,000,00 per annum according to the said judgment.
B. On April 9, 2019, C and the Defendant borrowed KRW 80 million from the Defendant on September 21, 2018 to the Defendant, and on April 15, 2019, a notary public, who, in turn, did not perform a compulsory execution, did not raise any objection even if he/she was immediately subject to compulsory execution, set up and issued a notarial deed of monetary loan for consumption contract (hereinafter “notarial deed of this case”).
C. C: (a) with respect to G, the claim for the refund of the lease deposit with respect to H apartment and I in Gangnam-gu Seoul Metropolitan Government, and 430 million won.
Won, however, the amount of KRW 344 million out of that amount seems to be the full-time loan of J Bank.
hereinafter referred to as “the claim to return the lease deposit of this case”
B. (i) On April 9, 2019, the Plaintiff received a seizure and collection order of the claim amounting to KRW 228,185,271 on the ground of the final judgment of this case, Seoul Central District Court 2019TTTT 107055, which is based on the final judgment of this case. Before May 7, 2019, the Defendant received an order to seize and seize the claim amounting to KRW 80,232,200 based on the instant notarial deed.
The plaintiff's order of seizure and collection was served on July 4, 2019, and on June 10, 2019, the defendant's order of seizure and assignment was served on G on June 10, 2019 and became effective at that time.
E. G repaid the Defendant KRW 10 million on June 14, 2019, and KRW 20 million on July 5, 2019, in total, KRW 30 million according to the Defendant’s claim attachment and assignment order.