logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.11.23 2014가단60193
구상금
Text

1.(a)

On December 15, 2011, the deposit holders entered into with the Defendant as to each remittance of the attached list.

Reasons

1. Basic facts

A. D filed a lawsuit against C with the Ulsan District Court 201Ga5666, supra, seeking the return of KRW 141,00,000,000, total amount of loan claims (hereinafter “instant claim”) over ten times from January 201 to May 26, 201 (e.g., July 25, 201).

B. On May 10, 2012, the above court rendered a favorable judgment in favor of the Plaintiff (D) stating that “C shall pay D 144,46,383 won and 41,000,000 won among them, 5% per annum from July 26, 2011 to August 18, 2011, 20% per annum from the next day to the date of full payment, 10,000 won per annum from July 26, 2011 to August 18, 2011; and 7.2% per annum from the next day to the date of full payment; and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive at that time.

C. Around August 2, 2014, D entered into a contract between the Plaintiff and the Plaintiff to transfer KRW 67,650,000 of the above claims to the Plaintiff (hereinafter “instant contract for the transfer of claims”) and notified C of the transfer of claims on August 20, 2014.

Meanwhile, 325,909,000 won was transferred from the Agricultural Cooperative Account in the name of the Defendant (so called “instant account”) who was the spouse on December 15, 2011, as shown in the separate sheet (hereinafter “instant remittance”).

E. The present balance as of January 25, 2012 is KRW 4,232.

[Ground of recognition] Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 5, Gap evidence No. 7, and each order to submit financial data to the director of the postal service information center, the purport of this court's obvious facts and the whole arguments

2. Judgment on the defendant's main defense of safety

A. The defendant's defense is that the plaintiff is practically involved in the fraudulent act revocation lawsuit in the name of E based on the same factual basis as D's birth, and the lawsuit of this case was filed on August 20, 2014, which was not much until now since August 2, 2014, the assignment date of the claim of this case, and the plaintiff is a direct creditor against C before.

arrow