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(영문) 서울북부지방법원 2020.08.13 2019가단114123

사해행위취소

Text

1. As to the Plaintiff’s KRW 49,147,963 and KRW 19,942,640 among them, Defendant B shall be from March 5, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 7, 2015, D Co., Ltd. loaned KRW 20,000,000 to Defendant B, setting the expiry date of the contract as July 7, 2020, as the loan interest rate and overdue interest rate as 34.894% per annum, respectively.

After that, Defendant B did not pay interest on the above loan.

On October 26, 2018, the Plaintiff acquired the claim for the loan from D Co., Ltd., and on December 19, 2018, notified Defendant B of the claim transfer by content-certified mail on behalf of D Co., Ltd.

The remaining principal and interest of the loan is KRW 34,652,816 [The remaining principal and interest of the loan = 11,926,793 won in overdue interest remaining until October 11, 2018, and KRW 2,745,383 won in overdue interest from October 12, 2018 to March 4, 2019 [19,942,640 won x 144 days x 34.894% in x 365 days x 34.84%) as of March 4, 2019.

B. On December 23, 201, Co., Ltd. loaned 15,000,000 won to Defendant B by setting the lending period as 60 months, the lending interest rate as 31.90% each, and the overdue interest rate as 15,00,000 won. On November 19, 2015, the lending period as 48 months, the lending interest rate as 32.90% each, and the lending interest rate as 7,00,000 won.

After that, Defendant B did not pay interest on each of the above loans.

On October 30, 2017, the Plaintiff acquired each of the above loans from E Co., Ltd., and on November 16, 2017, E Co., Ltd. notified Defendant B of the above assignment by content-certified mail.

The remainder of the principal and interest of the loan of December 23, 2011 as of March 4, 2019 [The remaining principal and interest of the loan of December 259 = 2,99 [the remaining principal = 1,226,789 won up to September 30, 2017 plus 271,137 won up to September 1, 2017 to March 4, 2019] 57,53 won in overdue interest (i.e., 1,226,789 won x 520 days x 31.90% 】 31.90% x below KRW 31.90 x below won). The remaining principal and interest of the loan of November 19, 2015 】 remaining principal and interest of less than 2,235,138,370 x 29.37,298 x 196.38

(c) the defendant.