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(영문) 대구지방법원 2020.01.09 2019가단7331

사해행위에 기한 지분가액배상

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1. Of the real estate listed in the separate sheet, C and the Defendant entered into on November 8, 2018 with respect to the share of C 2/11.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) extended a loan of KRW 30 million with household funds (hereinafter “instant loan”) to C on March 15, 1996 on the condition that the maturity on March 15, 1999 and the rate of interest and damages for delay pursuant to the basic terms and conditions of bank credit transaction would follow the rate of change according to the terms and conditions of bank credit transaction (hereinafter “instant loan”).

B. Pursuant to each Act on Asset Management and Securitization, D transferred the instant loan claims to E company on June 23, 200, and notified C of the transfer. On December 12, 2003, E transferred the instant loan claims to F company and notified C of the transfer. The F Company transferred the instant loan claims to C again on April 16, 2009, and notified C of the transfer.

C. As of November 20, 2005, there was no outstanding principal among the principal and interest of the loan of this case as of November 20, and the fixed delay damages were calculated as KRW 13,124,201. The stock company F received a payment order (hereinafter “instant payment order”) from the above court on December 23, 2005, stating that “The debtor shall pay the creditor KRW 13,124,201 and the amount calculated at the rate of 20% per annum from October 21, 2005 to the delivery date of the authentic copy of the payment order and 30,080 won per annum from the following day to the payment date.”

The instant payment order was served on C on December 29, 2005 and confirmed on January 13, 2006. The Plaintiff who acquired the instant loan claim from F Co., Ltd. was granted the succeeding execution clause against the instant decision, and the certified copy of the said succeeded execution clause was served on C on June 17, 2009.

on May 12, 2018, G, the father of C, was killed with C, H, I, and J, the wife of the Defendant and his children.

Defendant and C, H, I, and J shall be the only inherited property of G on November 8, 2018.