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(영문) 전주지방법원 2020.09.22 2019가단21738

사해행위취소

Text

1.(a)

The debt repayment contract concluded on September 22, 2017 between Defendant B and D shall be revoked.

B. Defendant B shall be the Plaintiff 64.

Reasons

1. Facts of recognition;

A. On June 20, 2014, the Plaintiff lent 100 million won interest per annum, 18% per annum, 24% per annum, and due date for repayment on June 20, 2015 to D. On December 4, 2017, the Plaintiff received dividends of KRW 115,124,969 from the Jeonju District Court E in the auction procedure for real estate rent and paid the principal amount of KRW 57,318,866.

Accordingly, the Plaintiff filed a payment order against D with the Jeonju District Court No. 2018 tea438, and the said court issued a payment order with the purport that “D shall pay to the Plaintiff the amount of KRW 57,318,866 and the amount calculated at the rate of 24% per annum from December 5, 2017 to the date of full payment.” The said payment order was finalized on April 21, 2018.

In addition, on August 27, 2014, the Plaintiff leased D 100 million won interest per month, and on June 20, 2015, the Plaintiff applied for a payment order against D with the Jeonju District Court 2018 tea1207, and the said court decided on May 28, 2018 that “D shall pay to the Plaintiff 10 million won per annum from August 27, 2014 to September 22, 2014; and that “D shall pay the amount calculated at the rate of 24% per annum from the following day to the date of full payment.” The said payment order was finalized on June 16, 2018.

B. Meanwhile, Defendant B loaned KRW 10 million to F on March 23, 2012, and KRW 40 million on July 25, 2012, respectively. Defendant B was paid KRW 20 million on August 24, 2012, and loaned KRW 20 million on September 25, 2012, and KRW 30 million on September 26, 2012, together with the above loan, on September 26, 2012, Defendant B received a certificate of borrowing “as the foregoing, Defendant B, debtorF, G (D’s father, hereinafter “D’s father”), D (hereinafter “F, etc.”), the debtor lent interest of KRW 170 million on a monthly basis, and delivery of KRW 1 million on a monthly basis.”

C. F, etc. who did not pay the above debt, Defendant B, from G and D on March 29, 2017, will pay the loan amount of KRW 170 million by September 26, 2012. < Amended by Presidential Decree No. 23920, Sep. 29, 2017>