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(영문) 서울동부지방법원 2015.09.18 2015가단109790

사해행위취소

Text

1. Defendant A’s interest rate of KRW 46,305,855 and KRW 32,996,046 among the Plaintiff shall be from April 15, 2015 to the date of full payment.

Reasons

Basic Facts

On May 24, 2006, foreign exchange bank loaned KRW 290 million to Defendant A, and on June 18, 2010, Korea transferred the above principal and interest interest claim to the third asset-backed specialized company and notified the fact of transferring the credit.

On September 30, 2013, our limited liability company specializing in the third party securitization transferred the above principal and interest of loan to the Plaintiff and notified the transfer of the above credit at that time.

As of March 10, 2015, Defendant A did not fully pay KRW 46,305,955 (the total of KRW 32,96,046,046 and delay damages, etc. plus KRW 13,354,809 = 46,350,955, or at the request of the Plaintiff) out of the principal and interest of the loan.

On December 26, 2014, Defendant A concluded a mortgage agreement with Defendant A as to the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only property of Defendant A (hereinafter “Defendant Company”) in excess of the debt, as well as several debts against the Plaintiff, and concluded a mortgage agreement with Defendant A as to the real estate listed in the separate sheet (hereinafter “instant real estate”). On December 26, 2014, Defendant A, the creditors, Defendant Company, and the maximum debt amount of KRW 3551,00,000, which was received on December 26, 2014.

[Ground of recognition] Article 150(3) of the Civil Procedure Act, the fact that there is no dispute between the Plaintiff and the Defendant Company’s operation, and the purport of the entire entries and arguments as to the Plaintiff and the Defendant A.

According to the above facts of determination as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from April 15, 2015 to the day of full payment, as requested by the Plaintiff, with respect to the sum of the principal and interest of KRW 46,305,95, and the principal of KRW 32,96,046 among them, as claimed by the Plaintiff, from April 15, 2015 to the day of full payment.

Determination as to the claim against the Defendant Company

A. According to the above findings of the determination as to the cause of the claim, the defendant A is only in excess of his/her obligation.