Busan District Court Branch 2012Gadan204176 ( March 31, 2012)

Even if the assignment of claims constitutes a fraudulent act, it shall not be asserted as a defense in addition to seeking revocation thereof by means of a lawsuit.

Even if the assignment of each claim between the plaintiff and the defendant constitutes a fraudulent act, it cannot be asserted as a defense except seeking revocation by lawsuit.

2012Na41820 Confirmation of Claim for Payment of Deposit

AAAAA

Korea

Busan District Court Decision 2012Gadan204176 Decided August 31, 2012

February 28, 2013

April 18, 2013

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

A. On December 31, 2010, between the Plaintiff and the first instance trial codefendant BB Seoul,CC Design Co., Ltd., Ltd., Ltd., D, EE Bank, GG Fund, HH, and II Bank, and the Defendant, J Industry Co., Ltd., 900 won deposited by the Seoul Central District Court No. 26953, May 13, 201, and each claim for the withdrawal of deposit amount against 000 won deposited by the Seoul Central District Court No. 9402, May 13, 2011, is confirmed to be against the Plaintiff.

B. On December 30, 2010, the Plaintiff and the first instance court confirmed that the deposit withdrawal claim for KRW 39,223,10, which was deposited by the Seoul Central District Court No. 26820 on December 30, 2010 between the Plaintiff, the Seoul Central District Court, theCC Design Co., Ltd, the OOO, and the Defendant was the Plaintiff.

2. Purport of appeal

In the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revocation shall be dismissed.

The reasoning of this Court's reasoning is the same as that of the judgment of the court of first instance, and it is cited by the main text of Article 420 of the Civil Procedure Act. If so, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit