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1. The term “B” concluded on April 27, 2010 by the Defendant and B under a partnership agreement with respect to “B”, “B”, and “comtour construction business”.
Reasons
1. Facts of premise;
A. On August 17, 2011, the New Savings Bank (hereinafter “Stock Company”) filed a lawsuit against B, etc. on a claim for loans, etc. with the Central District Court 201Kadan146835 against B, etc. on August 17, 2011. The judgment of “B, etc. jointly and severally rendered a judgment that “B, etc. shall pay 180,339,265 won to the New Savings Bank and 25% per annum from March 10, 2001 to May 30, 203, and 20% per annum from the next day to the date of full payment.” The said judgment was finalized on September 6, 2011.
A claim against B, etc. of the New Savings Bank based on the above judgment is KRW 563,386,603 as of February 2, 2015 (= Principal KRW 73,526,49 and delay damages KRW 489,860,104).
The New Savings Bank was declared bankrupt on October 29, 2013 by Seoul Central District Court 2013Hahap161, and the plaintiff was appointed as bankruptcy trustee.
B. B, such as the promotion of a new business partnership with B, purchased land of 165.9 square meters, etc. with B around early 2003, around the beginning of 2003, the Seoul Yeongdeungpo-gu Seoul Metropolitan Government FF volumeing to 165.9 square meters, and decided to operate a business of selling such land (hereinafter “instant business”).
B, at the time, invested in the instant business by raising funds from the Defendant who was the wife at the time.
C. On April 27, 2010, B and the Defendant reported a divorce on April 27, 2010. On the same day, B concluded a contract on the assignment of claims with the purport that “B confirms that the amount of 2,765,000,000 investment in her motherel is the Defendant’s funds, transfers all rights related to the investment amount to the Defendant, and transfers all rights arising when B withdraws from the relationship with its partners to the Defendant.” (hereinafter “instant assignment of claims”).
The Defendant filed a lawsuit against C and D, a partner of the instant business, and the Seoul High Court (2013Na76620) in the appellate trial of the said lawsuit, on November 13, 2014, became the Defendant.