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1. The part of the instant lawsuit seeking cancellation of the Notarial Deed contract shall be dismissed.
2. The plaintiff's remaining claims.
Reasons
1. Basic facts
A. The Defendant supplied the Japanese Steel Co., Ltd. with steel products, such as H-be, and the Japanese Steel Co., Ltd. issued a promissory note in the face value of KRW 200,000,000 to the Defendant as a collateral for the payment of goods to the Defendant. On July 26, 2012, around July 2012, a notary public’s office No. 537 of the No. 537 of the No. 1992, a promissory deed (hereinafter “instant No. notarial deed”).
B. On December 24, 2013, the Defendant was notified of the transfer of the right to claim payment of deposit money (No. 2013No. 438) from the New Steel Co., Ltd. to the Han Steel Co., Ltd. on the basis of the instant notarial deed, the Defendant received an order of seizure and assignment of the right to claim payment of deposit money against the Republic of Korea as to the right to claim payment of deposit money against the Han Steel Co., Ltd., which became final and conclusive around that time.
C. On September 19, 2014, Suwon District Court Decision 2013Gahap26664 decided on September 19, 2014, the new Steel Co., Ltd. was sentenced to the judgment that transferred the right to demand a withdrawal of the deposit No. 2013 Gold Steel Co., Ltd. and notified the Republic of Korea of the said transfer, and the said judgment became final and conclusive.
On October 23, 2015, a distribution schedule was drawn up in which dividends amounting to KRW 39,952,273 were distributed to the Defendant, who is a full creditor of KRW 2013Tari 8367, in the same funding distribution procedure as to the deposit money of KRW 2013 Geumwon District Court KRW 438.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 2, 6, and 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The instant notarial deed contract concluded between the Plaintiff’s assertion and the Japanese Steel Co., Ltd. is a specific obligee as to the existing obligation of insolvent.