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(영문) 서울중앙지방법원 2015.03.25 2014가합566284
사해행위취소등
Text

1. The defendant,

A. As to KRW 344,831,749, among the claims listed in the separate sheet, the Plaintiff expressed his/her intent to transfer the claim.

Reasons

The summary of the case is as follows: (a) the Plaintiff primarily sought a transfer of the benefit claim itself, which was wholly exercised by subrogation of C’s unjust enrichment claim against the Defendant as a creditor against C, on the ground that the Defendant primarily received unjust enrichment by exercising C’s unjust enrichment claim, such as the payment of the Defendant’s school juristic person’s wage (hereinafter “Mining”) in accordance with a claim attachment and assignment order based on the payment order for false loan claim based on the attachment and assignment order for the payment order; and (b) on the ground that the Defendant’s most debt burden against C in relation to the application for the payment order on September 2, 201, is fraudulent act, and thus, sought restitution by transfer of the benefit claim.

On the premise that the Plaintiff’s claim C for promissory notes against C was issued to the Plaintiff at a face value of KRW 340 million, issue date July 1, 2009, and November 12, 2009, the place of payment, and the place of issuance. On November 11, 2009, when delayed the payment of the said promissory notes, a notarial deed stating that there is no objection even if a notary public is immediately subject to compulsory execution (No. 1272, 2009) was written.

The defendant, who is the father of the payment order C against the defendant, filed a payment order against C from April 24, 2001 to September 24, 2004, KRW 250 million, KRW 50 million on August 31, 2005, KRW 50 million on December 31, 2007, KRW 50 million on June 11, 2009, KRW 40 million on June 11, 2009, and received an order for payment for loans against C on September 2, 201 (Seoul Northern District Court Decision 201Da6864, Sept. 14, 201) with the payment order for loans (Seoul Northern District Court Decision 2011Da6864, Sept. 14, 2011).

The above payment order was finalized on October 5, 201, since C did not raise any objection.

On March 27, 2012, the Defendant issued the original copy of the above payment order on March 27, 2012.

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