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(영문) 울산지방법원 2017.09.15 2017가단55581

사해행위취소

Text

1. No. 1427, Sept. 19, 2016 between the Defendant and B, a notary public, drafted a law office in the form of a law office in order to ensure that the notary public is a law firm.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff’s credit loan agreement with B on January 8, 2014 (hereinafter “instant loan agreement”) between the Plaintiff and B refers to a loan of KRW 32 million, interest rate of KRW 7.6% per annum, interest rate of delayed interest rate of KRW 19% per annum, January 8, 2015, and credit loan agreement between the Plaintiff and B (hereinafter “instant loan agreement”).

(2) Since April 15, 2014, B did not pay interest on loans under the instant loan agreement, the Plaintiff was ordered to pay KRW 25,904,750 as the principal of the loans and KRW 29,153,490 as the claim claim amounting to KRW 3,248,738, which was calculated until November 22, 2016, and KRW 29,153,490 as the interest on the loans, and the Plaintiff was ordered to pay the said payment order as of January 9, 2017. < Amended by Act No. 14117, Dec. 29, 2016>

3) On January 23, 2017, the Plaintiff, with the title of execution of the said payment order designating B and Hyundai Automobile Co., Ltd. as the garnishee, was issued a bond seizure and collection order as the Ulsan District Court 2017TTTT No. 2017TTT10370 on January 23, 2017. B. B. The Defendant entered into a monetary loan contract between B and the Defendant, etc. (i.e., a loan contract between B and the Defendant) with B on September 19, 2015; and (ii) as of March 19, 2016, a notary public, with the maturity of March 19, 2016, signed a notarized deed of monetary loan loan contract (hereinafter “money loan contract of this case”) with the title of execution, and was issued an assignment order of claim and assignment order of Hyundai Automobile Co., Ltd. (hereinafter “instant bond assignment order”).

2 The Defendant received KRW 15,700,000 from Hyundai Motor Co., Ltd., a garnishee based on the instant assignment order.

C. At the time of entering into the instant monetary loan agreement, B’s property status at the time of entering into the instant monetary loan agreement is as follows: < Amended by Presidential Decree No. 2672, Sep. 19, 2015>

Positive property No. 500,000.