KKBC Co., Ltd.

No. 200,000

December 8, 2010

Suwon District Court Decision 2010Kadan14384 decided August 11, 2010

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

1. Purport of the principal claim

The contract for the transfer and takeover of bonds concluded on June 15, 2009 with respect to the claims listed in the separate sheet No. 1 between the Defendant (Counterclaim Plaintiff, Defendant hereinafter) and the Nonparty shall be revoked on October 19, 2009, respectively. The Defendant shall notify the Plaintiff (Counterclaim Defendant; Plaintiff hereinafter the same) that the contract for the transfer and takeover of bonds was revoked on October 19, 2009 with respect to the claims listed in the separate sheet No. 2 attached hereto. The Defendant shall pay to the Plaintiff 6,620,750 won per annum from April 20, 2010 to the delivery date of a duplicate of the instant complaint from April 20, 2010 to the delivery date of a copy of the instant complaint; and 20% per annum from the next day to the date of full payment.

2. Purport of the counterclaim and purport of appeal

The part of the judgment of the court of first instance against the defendant is revoked, and the plaintiff's claim corresponding to that part is dismissed. The plaintiff shall pay to the defendant 840,900 won with 5% per annum from December 19, 2009 to the service date of the duplicate of the counterclaim of this case, and 20% per annum from the next day to the day of full payment.

1. Quotation of judgment of the first instance;

The reasoning for this Court’s reasoning is as follows: (a) the evidence additionally submitted in the trial and lack of recognition of the Defendant’s assertion is rejected; and (b) the part of the first instance judgment No. 5 is added to the second instance of the first instance judgment, except for the addition of the following overall defense, all are the same as the statement of the reasons for the first instance judgment; (c) thus, it is acceptable in accordance with Article 420 of the Civil Procedure

(1) The plaintiff's claim against the non-party is based on the plaintiff's tort. Thus, the plaintiff's claim for the cancellation of the transfer of the above claim violates the principle of set-off prohibition against which the non-party's claim is a tort claim. The plaintiff's claim for cancellation of the transfer on the ground that the non-party's claim is a fraudulent act does not violate the principle of set-off prohibition against which the claim is a tort claim. Thus, the defendant'

2. Conclusion

Therefore, the plaintiff's claim of this case is accepted as part of the grounds within the scope of the above recognition, and the plaintiff's remaining claim of this case and the defendant's counterclaim are dismissed as they are without merit. The judgment of the court of first instance is justified with this conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.

[Attachment]

Judges Kim Sung-soo (Presiding Judge)