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1. The Defendant’s KRW 95,00,000 as well as 5% per annum from October 21, 2010 to October 30, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On March 31, 2005, the Plaintiff: (a) lent KRW 300 million to C Co., Ltd. (hereinafter “C”); (b) on April 30, 2005, 5% of interest per month; and (c) on April 30, 2005, the Plaintiff jointly and severally guaranteed the Defendant’s husband D’s debt against the Plaintiff on the same day.
B. On April 19, 2012, the Plaintiff filed a lawsuit against C and D seeking the payment of the instant loan (U.S. Seoul District Court 201Gahap14608), and received the judgment that “C and D jointly pay KRW 300 million to the Plaintiff and its delayed payment damages,” and the said judgment became final and conclusive thereafter.
C. D, on December 9, 201, issued a promissory note with a face value of KRW 150 million to E with its wife and the Defendant’s office omitted, and on the same day, written and issued a notarial deed to the effect that this promissory note accepts compulsory execution.
E, on December 22, 2011, with the title of execution of the said notarial deed, filed an application for an order of seizure and assignment of the claim amounting to KRW 150 million with respect to D’s claims, such as wages, etc. to the Republic of Korea, which is a public official of the Suwon District Court (U.S. District Court 201T. 201T. 33435). On December 28, 2011, upon receipt of a decision of seizure and assignment order of claims from the said court, the said decision became final and conclusive on January 11, 2012, and E received benefits of KRW 46,922,230 from the Republic of Korea to the July 2013, 203 pursuant to the said assignment order.
E. The Plaintiff revoked the issuance of the said Promissory Notes on the ground that the Plaintiff’s act of issuing the said Promissory Notes constitutes a fraudulent act against the Plaintiff, and accordingly, paid KRW 46,922,230 to the Plaintiff equivalent to the D’s benefits received by E due to its restitution. The Plaintiff filed a lawsuit seeking the revocation of fraudulent act (U.S. District Court 2013Gahap259, hereinafter “instant lawsuit seeking the transfer of claims, such as benefits, to D’s Republic of Korea, to which the Plaintiff received the order in its entirety, and rendered a favorable judgment.