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1.(a)
The debt repayment contract concluded on July 27, 2015 between the defendant and C shall be revoked within the scope of KRW 44,353,740.
Reasons
1. Facts of recognition;
A. On July 1, 2006, the Plaintiff filed an application with the Busan District Court for payment order with the Busan District Court 2017 tea2879 against part of the claim that was taken over from D Co., Ltd., and on April 10, 2017, the Plaintiff received the payment order from the above court that “C shall pay to the Plaintiff 16,941,138 won and its 10,000,000 won with the interest of 22% per annum from July 2, 2006 to the date of full payment.” The above payment order was finalized on September 7, 2017 because the Defendant was served with the original copy of the above payment order on August 24, 2017.
Meanwhile, at the time of the filing of the instant lawsuit, the amount of the claim pursuant to the above finalized payment order is equivalent to KRW 44,353,740.
B. On July 27, 2015, C drafted a notarial deed on July 31, 2015, stating that “The Defendant shall pay KRW 90,000,000 to the Defendant for the debt owed to him/her, and if he/she fails to perform this, he/she shall immediately be deemed to have no objection even if he/she is subject to compulsory execution.”
C. On August 11, 2015, the Defendant filed an application with Busan District Court No. 2015TTT No. 2018712, based on the foregoing notarial deed, and received a claim attachment and assignment order with respect to the benefit claim against C’s medical corporation F, and received an assignment order in accordance with the above assignment order. From November 10, 2015 to January 10, 2019, the Defendant received reimbursement of KRW 69,532,260 in total from the above F from November 10, 2015.
C At the time of the instant debt repayment contract, the Plaintiff was liable for a number of obligations as well as the acquisition money to the Plaintiff, and the said F’s payment claim was the sole active property.
[Ground of recognition] The absence of dispute, entry of Gap's evidence Nos. 1 through 4, the result of the order to submit tax information to the head of Busan Jin-si, the credit information submission order and reply to the head of G agency, the result of each inquiry into the medical corporation F, and the purport of whole pleadings.
2. On this part of the defense.