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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On April 2008, the Plaintiff filed a lawsuit against D to claim the return of agreed amount, and around April 2008, rendered a judgment that “D (Defendant in the above case) shall pay to the Plaintiff 50,040,000 won with interest rate of 20% per annum from March 7, 2008 to the date of full payment (Seoul Central District Court 2008Da55212). The above judgment became final and conclusive around that time. 2) The Plaintiff entered into an agreement with C (Defendant Company with D as the representative director (hereinafter “debtor Company”) on November 30, 209 that the debtor company shall jointly take over the obligation pursuant to D’s final and conclusive judgment.
(3) The Plaintiff filed a lawsuit against the obligor company regarding the claim for agreed amount based on the assumption of obligation agreement in the instant case, and was sentenced to the same judgment around October 2013 (Seoul Central District Court 2013Gadan95920). The aforementioned judgment became final and conclusive around that time. (b) As to the patent right in the attached list owned by the obligor company (hereinafter “instant patent right”), on September 5, 201 between the obligor company and the Defendant as to the patent right listed in the attached list owned by the obligor company (hereinafter “instant patent right”), the registration of the transfer of the right in the Defendant’s future was completed on December 14, 201 based on the “patent technology transfer agreement” (hereinafter “instant transfer agreement”).
2) On October 14, 2011, the Defendant remitted KRW 120 million to the debtor company to the debtor company. [The fact that there is no dispute over the grounds for recognition, the evidence No. 1-2, the evidence No. 1-2, the evidence No. 1-2, the evidence No. 1-2, the evidence No. 1-2, and No. 1-2, the purport of the whole pleadings, and the purport of the whole pleadings.
2. The assertion and judgment
A. A. A summary of the party’s assertion 1) The instant transfer contract concluded between the Plaintiff’s obligor company and the Defendant in excess of his/her obligation is a fraudulent act and thus ought to be revoked. (2) The Defendant’s assertion ① D, the representative director of the obligor company, at the time of the instant assumption of obligation agreement, is infinite and imminent.