사해행위취소
1. Defendant A’s interest rate of KRW 5,837,704 and KRW 3,799,580 among the Plaintiff shall be from January 27, 2017 to the day of full payment.
1. Facts of recognition;
A. On July 25, 2014, Tae River Loans Co., Ltd. lent KRW 5 million to Defendant A for a fixed period of 36 months from the date of repayment due date, and 34.9% per annum of the principal and interest installment repayment, interest rate, and delayed damage rate, respectively. The above Defendant lost its interest due to delay in repayment of the principal and interest pursuant to the above agreement.
B. On October 28, 2015, the Plaintiff acquired the above loan claims against Defendant A from Tae River Loans Co., Ltd., and sent the notice of assignment of claims to the said Defendant by content-proof mail on November 4, 2015, and the said notice of assignment of claims was served to the said Defendant around that time.
C. The Plaintiff’s outstanding principal and interest on the Plaintiff’s outstanding transfer money by January 26, 2016 are KRW 5,837,704 in total, and the principal is KRW 3,79,580 in total.
On the other hand, on August 10, 2015, Defendant A sold real estate listed in the separate sheet owned by the Defendant A (hereinafter “instant real estate”) to KRW 450 million, but entered into a sales contract with Defendant B on September 21, 2015 to pay the said purchase price in lump sum (hereinafter “instant sales contract”). On September 22, 2015, Defendant B completed the registration of transfer of ownership on September 11, 2015 with regard to the said real estate.
E. On April 26, 2007, the establishment registration of the instant real estate was completed and continued as the maximum debt amount of KRW 351 million, Defendant A, the mortgagee A, the mortgagee of the right to collateral security, and the Seocho-do Saemaul Depository, and the registration of the establishment of the establishment of the mortgage, which is the debtor, C, the mortgagee of the right to collateral security, was completed on July 31, 2013, respectively. On October 16, 2015, the registration was revoked on the ground of termination on the same day. Meanwhile, the registration of the establishment of the mortgage, which is the joint commercial company of the mortgagee, was completed on October 8, 2015.
F. Meanwhile, Defendant A had no particular property other than the instant real estate as active property at the time of the instant sales contract, and was a small property.