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1. The debt repayment contract concluded on July 8, 2013 between the Defendant and B shall be revoked within the limit of KRW 23,447,722.
2...
Reasons
1. Facts of recognition;
A. On September 13, 2012, the Plaintiff filed a claim for payment of credit card payment with the Seoul Northern District Court 2012Gapo253542, and the said court rendered a judgment to the effect that “B shall pay to the Plaintiff the amount of KRW 15,300,763 and the amount of KRW 14,596,275 per annum 29.9% per annum from June 2, 2012 to the date of full payment,” and the said judgment was finalized on October 6, 2012.
B. B, on July 8, 2013, a notary public, issued a notarial deed stating that a notary public shall pay 30,000,000 won in full by July 8, 2013 (hereinafter “notarial deed of this case”) to the Defendant, who is the partner, as the partner of the Dong, under Article 2999 of the General Law Office of 00,000,000,000, to the Defendant (hereinafter “instant repayment agreement”) by July 8, 2013.
C. The Defendant filed an application with the Seoul Northern District Court 2013TTTT13243 for an order of seizure and assignment of claim regarding KRW 70,684,931 of the insurance claim, etc., which B holds against the KDF Life Insurance Co., Ltd. as the title of execution, and the said court issued an order of seizure and assignment of claim that accepts the Defendant’s application on July 19, 2013 (hereinafter “instant order of seizure and assignment”).
At the time of the preparation of the Notarial Deed, B was liable to the Plaintiff for the above amount of the judgment, while the ownership of the real estate was in excess of the positive property, such as the absence of any other things.
E. Meanwhile, on July 17, 2014, near the date of the closing of argument in the instant case, the amount of claims against B by the Plaintiff based on the said final judgment is KRW 23,447,72.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The compulsory execution procedure is to enforce compulsory execution by being subject to seizure and assignment order on the claims held by the debtor with respect to the existing obligations, for which the debtor in excess of his/her obligations had already been established.