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(영문) 서울북부지방법원 2017.05.26 2016가단141476

사해행위취소

Text

1. Defendant A’s KRW 34,202,726 and KRW 25,563,015 among the Plaintiff’s KRW 32.5% per annum from August 13, 2016 to the date of full payment.

Reasons

1. Facts of premise;

A. The Hyundai Savings Bank loaned KRW 30,000,000 (interest rate of KRW 20.5% per annum, interest rate of KRW 32.5% per annum, and 36 months) to Defendant A on November 19, 2014 (the existence of the right to receive the loan) transferred the said right to the Plaintiff on February 19, 2016, and notified the Defendant A of the assignment of the right to receive the loan on March 4, 2016.

The principal and interest on the above loan claims that the Plaintiff acquired by the Plaintiff is KRW 34,202,726 + interest 4,246,725 + interest 4,392,986 + interest 4,392,986 + total number of days per year (the calculation method of the total number of days per year 32.5 % from February 2, 2016 to August 12, 2016; hereinafter the same shall apply) as of August 12, 2016 + principal 25,563,015 ( principal 25,563,015 won) (the principal 25,563,015 won) as of April 21, 2017, plus interest 4,246,725 won + interest + interest 10,128,960 (the principal per year 25,2016 to April 25, 2016).

B. Defendant A’s donation and cancellation of the right to collateral security (i.e., the registration of the right to collateral security) was made on March 4, 2013 with respect to the attached real estate owned by Defendant A, and on March 4, 2013, Defendant A gave to Hyundai Capital Capital Bank Co., Ltd. the maximum debt amount of KRW 336,00,000,000, and the registration

B. On July 7, 2015, Defendant A donated the real estate indicated in the [Attachment] to Defendant B, one’s wife, and completed the registration of ownership transfer to Defendant B. Meanwhile, on July 15, 2015, the registration of collateral security was cancelled.

Defendant B had no particular active property other than the above real estate at the time of the donation. Defendant B had a debt of not less than 369,847,000 won, and the Defendants had a divorce on December 23, 2015. The market value of the above real estate was KRW 490,000,000 at the time of the closing of the instant argument.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence (including more than one number), Eul 1 evidence, the credit information sources of this court, the results of each fact inquiry into the Court Administration Office, the whole purport of the arguments

2. According to the premise of determination as to the claim against Defendant A, Defendant A, a transferee-creditor, on August 2016.