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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 17, 2009, the Plaintiff entered into a credit guarantee agreement with ASP Co., Ltd. (hereinafter referred to as ASPS) as a joint guarantor, and issued a credit guarantee agreement on April 18, 2014 with ASP (hereinafter referred to as AS) as the guaranteed principal, and AS SP took out KRW 1,00,000,000,000 from a national bank as security.
B. On December 16, 2011, the Plaintiff, who caused a credit guarantee accident, subrogated KRW 800,373,349 on February 21, 2012 to the National Bank’s guarantee head office and the head office performance request, on behalf of the National Bank, and received a final and conclusive judgment in favor of the Plaintiff by filing a suit for reimbursement claim against Ays E&S and E&M Korea under the Busan District Court’s Dong Branch Branch 2012Gadan201924.
C. On February 21, 2012, EM Korea transferred to the Defendant the claim amounting to KRW 61,600,000 against Amotha Co., Ltd. (hereinafter referred to as “Amothatha”) and notified Amothatha of the fact of the assignment of the claim (hereinafter referred to as “the instant assignment of claim”).
On June 14, 2012, 185,317,000 won was deposited by the Seoul Central District Court No. 11274 on the grounds that the attachment and attachment of B, etc., and the assignment of claims to Defendant were notified.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s claim assignment contract of this case is a fraudulent act committed in collusion with the Defendant in the absence of insolvency, and thus should be revoked, and the Defendant has a duty to restore back to its original state the right to claim a deposit payment indicated in the attached Table 2 to EM Korea, and to notify the Republic of Korea that he transferred the above claim to EM Korea.
B. Determination 1.