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(영문) 광주지방법원 2018.06.20 2017가단17882
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 18, 2014, the Defendant issued D’s order for the attachment and assignment of claims against D’s E companies (hereinafter “E”) with the amount claimed as KRW 275,228,580 on the authentic copy of the payment order with executive force of KRW 2014,257, 3238, the Gwangju District Court’s Netcheon-si Branch Office of the Gwangju District Court, Gwangju District Court, as the order for attachment and assignment of claims against D’s E companies (hereinafter “E”), and around that time, the above order was served to E.

B. The FF Co., Ltd. (hereinafter “F”) was issued a payment order against D to the effect that “D shall pay F the amount of KRW 12,815,910 and the amount of KRW 8,720,250 among them and at the rate of KRW 39% per annum from June 18, 2015 to the date of complete payment” against D, and based on the original copy of the above payment order, the F Co., Ltd. (hereinafter “F”) was issued a payment order to the effect that “D shall pay F the amount of KRW 12,815,910 and the amount of KRW 8,720,250 among them, and the amount of KRW 39% per annum from June 18, 2015 to the date of full payment.”

C. On September 3, 2015, E submitted the third obligor’s statement with the content that notification takes precedence over F’s above collection order, such as the Defendant’s above seizure and assignment order, in the case of requesting the above seizure and assignment order, and F applied for perusal and duplication in the case of requesting the above seizure and assignment order on June 27, 2016.

On December 7, 2016, F transferred the above claim of KRW 18,034,548 (the principal of KRW 8,720,250, annual interest rate of arrears rate of KRW 27.9%, and October 31, 2016) to the Plaintiff, and notified D of transfer around that time.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's evidence 1 through 4, 5, and 7, and the purport of the whole pleading

2. Judgment on the main claim

A. The Plaintiff’s assertion is a debt repayment contract concluded between D and the Defendant during the period from February 28, 2014 to March 12, 2014. Ultimately, the Defendant received the Defendant’s benefit claim against D under the above credit attachment and assignment order and received the entire benefit claim against D.

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