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1. Revocation of a debt repayment agreement entered in the separate sheet concluded between the Defendant and B
2. Daegu District Court.
Reasons
1. Basic facts
A. On June 1, 1999, the Plaintiff’s joint and several liability bonds, etc. were loaned KRW 5 million to D on June 1, 199 by the mutual savings and finance company, not only the Plaintiff’s joint and several liability bonds, but also the mutual savings and finance company was jointly and severally guaranteed the above loan obligations. 2) On August 14, 2003, E, a bankruptcy trustee of the mutual savings and finance company, was assigned to D and B the above loan principal and interest claims to the Plaintiff, and around October 9, 2003, notified D and B of the assignment of claims.
3) On July 19, 2006, the Plaintiff filed a lawsuit against B seeking the payment of the above joint and several liability amount, and rendered a favorable judgment to the effect that “B shall pay to the Plaintiff the amount calculated at the rate of KRW 5 million and KRW 20% per annum from February 22, 2002 to the date of full payment (the Military Court Decision 2006No2626 decided August 11, 2016). As of August 11, 2016, the amount of the joint and several liability amount against B reaches KRW 18,127,29,00 including the principal and interest, and the amount of the joint and several liability amount against B reaches KRW 18,127,299 including the principal and interest. 4) On April 30, 2015, the Plaintiff was assigned with the above final judgment as the executive title of the Agricultural Cooperative (the claimed amount of KRW 14,537,564) and the Nonghyup Bank (the claim amount of KRW 3634,39151,515).
(The above seizure and collection order reached B on May 11, 2015). (B)
On the other hand, on May 20, 2015, a notarial deed of debt repayment contract between the Defendant and B (hereinafter the above notarial deed) stating that “B borrowed KRW 200 million from the Defendant on May 15, 2014 (e.g., May 14, 2015; interest rate of 25%) and consented to the Defendant’s compulsory execution” (hereinafter the above notarial deed is referred to as “instant notarial deed”; and “instant debt repayment contract” under the notarial deed as indicated in the notarial deed as indicated in the notarial deed as above.
2) On June 2, 2015, the Defendant: (a) on June 2, 2015, as executive title, the instant No. notarial deed.