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(영문) 대구지방법원서부지원 2017.04.06 2016가합1060
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) D Judicial Claim 1) E and C (hereinafter “debtor”)

(2) On July 1, 2010, the Seoul Central District Court 2010Kadan13868 filed a claim for collection against D and paid to D jointly and severally by the above court from the above court on July 1, 2010, KRW 80,000,000. If the payment is not made by the above due date, the payment shall be made by adding an amount equivalent to 20% per annum from the following day to the date of complete payment (hereinafter the above D’s claim against D’s obligor is referred to as “first claim”).

2) On February 2, 2009, the above decision was finalized around that time, and the F was concluded a mediation (hereinafter referred to as “second claim”) with the purport that “E and the debtor shall jointly and severally pay F an amount of KRW 1.3 billion up to February 2, 2010, in addition to the damages for delay calculated at the rate of 20% per annum from the next day to the day on which the payment is made, on the following day, in addition to the damages for delay calculated at the rate of 20% per annum.”

B. On August 13, 2013, 201, C and F notified the obligor of the fact of assignment of credit at that time. The C and F notified the obligor of the fact of transfer of credit at that time.

On August 12, 2014, the Plaintiff acquired all bonds Nos. 1 and 2 (hereinafter “the instant bonds”) from the Human Resources Management, and was delegated with the power to notify the assignment of claims, and notified the obligor of the assignment of claims at that time.

C. On July 28, 2015, a debtor’s net G (hereinafter “the deceased”) died on property division and renunciation of inheritance, and the debtor reported the renunciation of inheritance to the deceased on October 20, 2015. On October 20, 2015, the debtor filed a report on the renunciation of inheritance with the Daegu Family Court of Law No. 2015-Ma3009, and the said report was accepted on November 10, 2015.

After that, the deceased is the inheritor of the deceased.

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