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1.(a)
The debt repayment contract concluded on April 18, 2017 between the defendant and B (C) shall be revoked.
B. The defendant is against the plaintiff.
Reasons
1. Basic facts
A. On December 17, 2014, the Plaintiff filed a lawsuit against B seeking reimbursement with Seoul Central District Court Decision 2014Da528172, and received a favorable judgment with respect to the amount of KRW 93,219,190 as well as KRW 92,657,940 as to the Plaintiff and KRW 92,657,940 as to the amount of KRW 93,219,190 as well as the amount of KRW 12% per annum from September 15, 2014 to October 16, 2014; and KRW 20% per annum from the following day to the date of full payment. The above judgment became final and conclusive.
B. On April 18, 2017, B: (a) the Defendant: (b) issued a notarized deed No. 156 with the document No. 156 of 2017, a notary public approved that the Defendant bears the obligation of KRW 60 million pursuant to the monetary loan agreement of July 21, 2016; and (c) the Defendant would pay the said money up to April 21, 2017; (b) a notarized deed of debt repayment (a quasi-loan agreement) with the content that he/she is aware that he/she has no objection even if he/she is forced to perform a monetary obligation; (c) the said authentic deed is called “instant authentic deed; and (d) a contract entered into by the said authentic deed as “the instant debt repayment agreement”).
C. On April 27, 2017, the Defendant filed an application with Daejeon District Court for the attachment and assignment order of the claim regarding “monthly and all other nominal benefits” against D Co., Ltd. (hereinafter “D”) with the title of execution of the instant notarial deed, and filed an application for the attachment and assignment order of the claim within the scope of KRW 60,000,000,000,000. The Defendant received the same decision of acceptance on April 27, 2017 (hereinafter “instant assignment order”).
The above decision was served to B and D, the debtor, at the time of the above time.
The Defendant received total of KRW 26,55,480 from D based on the validity of an assignment order of claims of this case from May 25, 2017 to April 25, 2019.
E. B: (a) around April to May 2017, where the instant debt repayment contract and the instant claim attachment and assignment order were issued.