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1. The Defendant (Appointed Party) KRW 10,629,450, KRW 10,695,450, KRW 10,450, and KRW 10,835,550 to the Appointed C.
Reasons
1. Determination on the cause of the claim
A. (1) On April 20, 2012, the Defendant entered into a contract on the transfer of sovereignty right with C&A Co., Ltd. (hereinafter “C&A”) and the Non-Party Company with the Korea Securities Depository, setting the transfer price as KRW 1.5 billion for the Central Oral Shares 2,545,49, which are being protected by the Korea Securities Depository, to acquire the transfer price as KRW 1.5 billion.
(2) On November 12, 2015, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties filed a lawsuit against Nonparty Company for wage claim under the Seoul Eastern District Court Decision 2015Kadan45759 (hereinafter “Seoul Eastern District Court”). On April 1, 2016, the said court rendered a judgment that “the Nonparty Company shall pay to Plaintiff A KRW 10,695,450, and KRW 10,695,455,555,50, and delay damages for the amount of KRW 10,835,550, and KRW 10,550,00 to the Appointed Party B” and the said judgment became final and conclusive around that time.
(3) On August 19, 2016, Plaintiff A and the designated parties received a claim attachment and collection order against the Defendant of Nonparty Company 37,006,544 won (Plaintiff A12,231,147 won, 12,307,093 won, 12,468,304 won, and 12,468,304 won to the designated parties C) based on the above judgment as Seoul East Eastern District Court 2016TT5471, and the above claim attachment and collection order against the Defendant was served to the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff A 10,629,450 won, 10,450 won to the Selection B, 10,695,450 won, 10,835,550 won, and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 15, 2017 to the date of delivery of the application for modification of claim and cause of the instant case.
2. Judgment on the defendant's assertion
A. The defendant's assertion D, a creditor of the non-party company, filed a lawsuit to revoke the fraudulent act against the defendant.