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(영문) 서울남부지방법원 2018.08.16 2017가단20238

사해행위취소 등

Text

1. The Defendant’s KRW 20,163,220 as well as the Plaintiff’s annual rate of KRW 5% from November 2, 2017 to August 16, 2018.

Reasons

1. On April 2, 200, the Plaintiff leased KRW 6,500,000 to C as interest rate of KRW 10% per month. As the Plaintiff was not repaid, the Plaintiff filed an application for payment order against C as Seoul Western District Court 2010 tea1438.

On March 11, 2010, the above court issued a payment order to the effect that “C shall pay to the Plaintiff 6,500,000 won with interest of 20% per annum from July 18, 200 to the date of full payment.” The above payment order was finalized on April 29, 2010.

(2) On July 16, 2013, when the amount of the joint and several several liability is reduced to KRW 13,230,000, C’s loan obligation to the Plaintiff (hereinafter “Plaintiff’s loan obligation”). The Defendant filed an application for personal rehabilitation with the Seoul Central District Court (2013 Session 132897) (the Plaintiff’s claim is stated in the creditor list) (the Plaintiff’s claim is stated in the creditor list). On January 6, 2014, the court authorized D’s repayment plan to pay KRW 8,436,780 to the Plaintiff total amount of KRW 140,613 each month.

C On behalf of the Defendant, who is a woman on August 5, 2013, entered into a sales contract with E and Gangseo-gu Seoul Metropolitan Government to purchase KRW 185,00,000 of the Fund (hereinafter “instant loan”) on behalf of the Defendant, KRW 15,000 (hereinafter “instant sales contract”), the down payment of KRW 15,000,000, when entering into the contract, the intermediate payment of KRW 35,000 shall be paid KRW 135,00,000 on August 9, 2013, and the remainder amount of KRW 135,00,000 on behalf of the seller shall be paid on October 4, 2013, the collateral security (the maximum bond amount of KRW 120,00,000) in the name of the Bank in the registry of the register was agreed to cancel by the seller.

Pursuant to the above agreement, on October 4, 2013, the ownership transfer registration for the loan of this case was completed under the name of the defendant (the registration for cancellation of the registration of the establishment of the neighboring establishment was completed on the same day), and on the same day, the defendant, as to the loan of this case to the Yeongdeungpo Agricultural Cooperatives (hereinafter "Yansan Agricultural Cooperatives"), the debtor and the maximum amount of debt shall be 135,600.