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1. The bond transfer and takeover contract between the defendant and the stock company as of December 25, 2015 regarding the claim stated in the separate sheet No. 1 list between the defendant and the stock company.
Reasons
Basic Facts
The Plaintiff is a national tax creditor against the Plaintiff Company B (hereinafter “Nonindicted Company”), and the Defendant is a father who is the representative director of the Nonparty Company D.
On October 31, 2015, the non-party company closed its business, and the Plaintiff, as of December 25, 2015, had a total of KRW 135,703,440 as shown in the attached Table 2, with respect to the non-party company, who was in excess of the obligation, as of December 25, 2015.
On December 24, 2015, the non-party company received a claim attachment and collection order under the Busan District Court Decision 2015TTTT 2015TT 11339, with respect to the benefit claim held by E against a medical corporation which is a medical corporation (hereinafter “non-party foundation”).
On December 25, 2015, Nonparty Company entered into a contract with the Defendant to transfer all of the claims for collection of the amount of seized money indicated in the attached list No. 1 according to the above claim seizure and collection order, and notified Nonparty Company of the assignment of claims on January 25, 2016.
on June 8, 2016, Fule Co., Ltd. received a provisional attachment order of claim amounting to KRW 43,000,000 from the Busan District Court Branch Branch 2016Kadan833, Jun. 8, 2016 with respect to the above wage claim against the non-party foundation, and est Co., Ltd. received a claim amounting to KRW 11,077,123 with respect to the above wage claim as Busan District Court Branch 2016Ta4867, Jun. 20, 2016.
On December 9, 2016, the non-party foundation and E made a mixed deposit of KRW 135,000,000 to the non-party company or defendant as the Busan District Court No. 11331 in 2016.
The distribution procedure was initiated by Busan District Court Branch C of the Dong Branch, and on February 28, 2017, the distribution schedule was prepared to distribute the amount of KRW 134,974,774 to the defendant, excluding the execution cost.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 9 to 11, and arguments.