1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff has a total of KRW 673,271,560 and damages for delay against a medical corporation C (hereinafter “foreign foundation”).

B. The president D of the non-party foundation prepared and delivered a multiple notarial deed of promissory notes to the Defendant. Accordingly, the Defendant received the order of seizure and assignment of claims regarding the medical expenses, insurance money, etc. of the non-party foundation, and received the full payment from the Defendant and the Defendant’s bank account in the name of E.

C. After rehabilitation procedures commence with respect to the non-party foundation, the administrator filed a lawsuit to return the amount equivalent to the full amount of the above-mentioned claims against the defendant et al. and transfer the unpaid claims.

The appellate court (Seoul High Court Decision 2010Na10987, 2010Na109994 (Counterclaim)) decided on September 13, 2012 that the act of issuing the above promissory note is null and void as a false declaration of agreement to avoid the collection of claims or compulsory execution. Thus, the defendant is obligated to return unjust enrichment 586,190,475 won and delay damages to the non-party foundation. However, the above obligation is set off against the non-party foundation with the indemnity amount of KRW 650,00,000 and damages for delay.

2. The plaintiff's assertion and judgment that the defendant set-off defenses in the above lawsuit and received a set-off against the whole debt of the non-party foundation constitutes a tort that infringes on the opportunity that the plaintiff, who is another creditor, could have seized the claims of the non-party foundation and received a divided distribution, and thus, the part exceeding the amount equivalent to the defendant's claim ratio from the total amount

However, separate from illegality such as the issuance of the above promissory note and the receipt of the total amount of payment, the act of offsetting the claim based on the final judgment held by the defendant against the non-party foundation by the automatic claim itself is a legitimate legal act.