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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Plaintiff had a loan claim of KRW 101,200,000 against C, and received reimbursement of KRW 11,374,359 among them.
B. On April 28, 2019, C entered into a business transfer and takeover contract with the Defendant with respect to the business of the stores listed in the separate sheet, the sole property of which is the only property, and around all, it should be revoked as a fraudulent act by false representation of agreement, and in preparatoryly, it constitutes a fraudulent act against the Plaintiff and the Defendant, who is the debtor C and the beneficiary, are recognized. As such, C seeks revocation of a fraudulent act within the scope of KRW 50 million among the above business transfer and takeover contract and seek for the payment of the said money and damages for delay to its original state.
2. On November 27, 2018, the Plaintiff filed a loan lawsuit against C as follows: (a) the existence of the principal claim and the conjunctive claim against C; (b) i.e., the existence of the secured claim; (c) in addition to the purport of the entire pleadings in the evidence Nos. 1, 1, 5, and 15, the Plaintiff was sentenced to the judgment of the court of Incheon District Court 2018Kadan247165, and the Plaintiff received 5% interest per annum from the above court from November 7, 2013 to October 10, 2018; and (d) the Plaintiff received 15% interest per annum from the following day to the date of full payment; and (e) the Plaintiff was sentenced to the judgment of the court of appeal as to 2019Na50765, 204 and 204% interest per annum from the above court of appeal to the date of full payment.