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(영문) 서울중앙지방법원 2015.11.30 2015가단5057877

사해행위취소

Text

1. The Defendant’s KRW 23,435,70 for the Plaintiff and KRW 20% per annum from September 15, 2015 to the 30th of the same month.

Reasons

1. Basic facts

A. The Plaintiff had the claim for indemnity against B, and filed a lawsuit with the Gwangju District Court Decision 2001Da127898.

On September 5, 2001, the above court made a decision on performance recommendation that "B shall pay to the Plaintiff 9,289,716 won jointly and severally with C and to the Plaintiff 6,002,067 won with interest rate of 19% per annum from August 23, 1999 to the date of full payment," and the above decision was finalized on September 26, 201.

(hereinafter “instant judgment claim”). The amount of the instant judgment claim against the Plaintiff B is KRW 23,435,700 as of February 23, 2015.

B. On July 17, 2007, B prepared a loan certificate to the Defendant, the wife, stating that “The Defendant will pay KRW 43,000,000 to July 23, 2009,” on July 17, 2007.

(hereinafter referred to as “instant loan for consumption”). (c)

In the case of the application for the payment order, the Defendant asserted that B did not repay the obligation under the loan agreement of this case and filed a request for the payment order to the effect that “B shall pay to the Defendant the amount of KRW 55,232,360 (the principal 43,00,000 per month interest of KRW 12,232,360) and damages for delay for KRW 43,00,000, whichever became final and conclusive on April 9, 2014 because B was served to B on March 25, 2014 and did not raise any objection thereto.”

(hereinafter “instant payment order”). D.

On April 18, 2014, the Suwon District Court No. 2014 Tage9029 decided on April 18, 2014, as the case of this case, B applied for the attachment and assignment order (up to KRW 91,534,149) among the benefits to be paid from Gyeonggi-do.

The assignment order is as is after it was quoted on April 22, 2014, and it was delivered to Gyeonggi-do, a garnishee on April 25, 2014.