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1. The Defendants jointly and severally hold the Plaintiff Company A with KRW 43,845,740, and KRW 38,419,672 and each of the above amounts.
Reasons
1. Facts of recognition;
A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) filed an application for an order of seizure and assignment of claims against the Defendants (including final appeal and final appeal) regarding the loan claims, etc. (including final appeal) for which Cheongju District Court 2016Tju District Court 4819, and KRW 43,845,740, “Cheongyang Construction Co., Ltd. (hereinafter “Cheongju District Court 2015Gahap22127”) had against the Defendants as the object of litigation in the case No. 2015Gahap22127. The said court issued the order of seizure and assignment of claims.
(hereinafter “instant claim attachment and assignment order” (hereinafter “instant claim attachment and assignment order). The written decision on the above claim attachment and assignment order was served on September 1, 2016 on the Defendants and became final and conclusive on November 3 of the same year.
B. Plaintiff B filed an application for attachment and assignment of the claim against the Defendants (including a subsequent appeal and appeal) as the subject matter of lawsuit in the Cheongju District Court 2016Tan District Court 2016TTan District Court 38,419,672, with the amount claimed as KRW 38,419,672. The Cheongyang Construction filed an application for attachment and assignment of the claim against the Defendants (including a subsequent appeal and appeal). The court issued the attachment and assignment order accordingly.
(hereinafter “instant claim attachment and assignment order” (hereinafter “instant claim attachment and assignment order). The written decision on the above claim attachment and assignment order was served on September 28, 2016 on the Defendants and became final and conclusive on December 6, 2016.
C. At the time of the instant Claim Nos. 1, 2, and assignment order, the Cheongju District Court 2015Dahap22127, which was filed against the Defendants by Ilyang Construction, and the claim for revocation of fraudulent act was pending in the lawsuit.
In the above lawsuit, Ilyang Construction submitted an application for modification of the purport of the claim and the cause of the claim as of May 20, 2016, and Japan Construction, upon taking into account the loan 400,000,000,000 won to the defendant as of May 28, 2009 and the damages incurred by Ilyang Construction, taking into account the damages, etc. that were incurred by Ilyang Construction, as it did not order the defendant to undertake construction of the loan 40,000,000,000 won as of December 30, 201, there was a claim based on the loan certificate to repay the total amount of KRW 70,00,000 until December 30, 2013.