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(영문) 전주지방법원 2020.07.17 2019가단3389
사해행위취소
Text

1. No. 1328, No. 1328, a notary public signed between the defendant and C is the No. 1328.

Reasons

1. Facts of recognition;

A. On November 25, 2014, the Plaintiff: (a) lent KRW 30 million to C; (b) interest rate of KRW 5% per annum; and (c) due date of repayment on November 25, 2016.

As of January 31, 2019, the amount of principal and interest on the above loan (interest calculated at the rate of 5% per annum on principal and interest thereon) as of January 31, 201, which the Plaintiff seeks, is KRW 36,279,45

B. The Defendant, as C, was issued an assignment order (hereinafter “instant assignment order”) with respect to KRW 150 million out of all commission and allowances claims against C Co., Ltd. (hereinafter “E”) on November 14, 2017 based on the said notarial deed after a notary public received a notarial deed No. 1328 of the D Deed No. 1328 of the Monetary Loan Agreement (hereinafter “instant repayment contract,” and the said notarial deed “instant notarial deed”). The assignment order of this case became final and conclusive on December 5, 2017 after the delivery of the notarial deed to E.

In accordance with the instant assignment order, the Defendant received reimbursement of KRW 87,340,020 in total from E during the period from November 30, 2017 to September 27, 2018.

C. Meanwhile, at the time of November 14, 2017, when the instant Notarial Deed was prepared and the instant assignment order was issued, C was the sole property for fees and allowances received from E, and was in excess of the debt due to the existence of the Plaintiff’s debt, etc.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, response by the chief of the Jeonju District Tax Office to submit a report, inquiry results against the head of Jeonju District Tax Office, purport of the whole pleadings

2. A notarial deed stating the purport of accepting compulsory execution with respect to the existing obligations in excess of the judgment on the revocation of a fraudulent act and the claim for restitution, with the intention of having a specific creditor with respect to the existing obligations obtain a seizure and collection order for the claims owned by the debtor in fact through compulsory execution procedures.

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