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1. No. 292, Jun. 18, 2015 between the Defendant and Nonparty C, a notary public of the Dong-gu Joint Law Office dated June 18, 2015.
Reasons
1. Facts of recognition;
A. On May 8, 2015, the Plaintiff filed a lawsuit against C seeking a loan with the Daegu District Court Port Branch 2015Gahap40246, and sentenced C to the said court on May 8, 2015, that “C shall pay the Plaintiff 382,135,226 and interest calculated at the rate of 5% per annum from March 20, 2015 to May 8, 2015, and 20% per annum from the next day to the date of full payment” and the said judgment became final and conclusive around that time.
B. C prepared, on December 20, 2007, a notarial deed of a monetary loan contract for consumption (hereinafter “notarial deed of this case”) which a notary public recognizes compulsory execution as stipulated in No. 292, No. 2015, as to KRW 300,000,000 lent to C on December 20, 2007, even though the Defendant did not have any financial resources, as well as the wage claim for the Posito Medical Consumer Cooperative.
C. On June 23, 2015, the Defendant, based on the instant notarial deed, filed an application with the Daegu District Court Branch Branch of 2015TTTTB2899 for a seizure and assignment order of claim against the wage claim that C owns against the Podern Medical Consumer Cooperative (hereinafter “instant assignment order”), and made a decision of acceptance on July 3, 2015, and the written decision was served on July 24, 2015 to the Podern Medical Consumer Cooperative.
[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 to 4 (including each number), witness C's testimony, purport of whole pleadings
2. The occurrence of the right to revoke the fraudulent act;
A. Comprehensively taking account of the evidence revealed prior to the intent of fraudulent act, and the outcome of the order to submit financial transaction information to the Korea Federation of Banks of this Court, C is deemed to have a status of insolvency, as it only holds a claim for reimbursement against the Posium Medical and Consumer Cooperatives without any specific property, even though 80 million won or more including the Defendant’s debt, etc., as a small property at the time of the preparation of the Notarial Deed, and as such, C was in a status of insolvency.