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1. The debt repayment contract concluded on August 13, 2013 between the Defendant and B shall be revoked.
2. The defendant shall make the plaintiff 23,170.
Reasons
1. Facts of recognition;
A. On July 3, 2013, Korea Standards Bank Co., Ltd. (hereinafter “SP”) granted a loan of KRW 35 million to B on the terms of lending one year (temporary repayment) and monthly payment of agreed interest, and on February 14, 2014, when B delayed payment of interest and lost its benefit as of September 3, 2013, B transferred the above loan claim against B to the Plaintiff on February 14, 2014. Around that time, the notice of assignment of claim was sent to B, but was not delivered as a closed absence.
B. On March 9, 2014, the Plaintiff applied for a payment order against B with the Seoul Northern District Court 2014 tea7549, and received an order to pay the Plaintiff KRW 37,192,473 and KRW 35,000,000,000 from March 4, 2014 to the service date of the original copy of the payment order, and KRW 18% per annum from the following day to the service date of the original copy of the payment order, and KRW 20% per annum from the following day to the full payment date. The said payment order was finalized on April 16, 2014.
C. On August 13, 2013, B accepted the Defendant’s debt amounting to KRW 46 million on May 10, 2002, annual interest rate of 24% on May 10, 2005, annual interest rate of 24% on delay damages, and 24% on delay damages if the said debt is not performed, B prepared and awarded a notarial deed of a debt repayment contract stating the purport of accepting compulsory execution.
(hereinafter the above debt repayment contract is called “instant debt repayment contract,” and the above notarial deed is called “instant notarial deed.”
The Defendant filed an application with the Daegu District Court 2013TTTT No. 2013TTT12970 for the attachment and assignment order of the claim regarding the wage claim against Sjin Transportation Co., Ltd. (hereinafter “Sejin Transportation”), and on September 4, 2013, issued a seizure and assignment order from the above court, and the above order became final and conclusive around that time.
E. During the period from November 11, 2013 to January 12, 2015, the amount of KRW 23,170,801 was paid to the Defendant pursuant to the above order of seizure and assignment of claims.
(f).