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(영문) 서울북부지방법원 2016.11.10 2016가단104859

사해행위취소

Text

1. Defendant A’s interest rate of KRW 8,798,137 and KRW 3,812,946 among the Plaintiff shall be from December 24, 2015 to the date of full payment.

Reasons

1. Basic facts

A. 1) Defendant A filed an application for a credit card with a member of the credit card on November 5, 2010 and used it with a credit card on November 5, 2010, and the credit card price (hereinafter “the instant card price”).

(2) On July 15, 2015, the Plaintiff received the above bank’s claim against Defendant A, and filed a lawsuit for the claim for acquisition of the loan amounting to KRW 29.9% per annum from December 19, 2014 to the day of full payment. The Plaintiff was rendered a favorable judgment against the Plaintiff that “the Defendant shall pay to the Plaintiff the amount of KRW 3,743,491 and KRW 2,300,000, which was calculated at the rate of KRW 29.9% per annum from December 19, 2014 to the day of full payment.” The above judgment became final and conclusive around that time. (2) Defendant A received the loan amounting to KRW 4,00,000 per annum 39% per annum on May 8, 2012 with the interest rate of KRW 4,000,000 from the Tae River Loan Co.,, Ltd., Ltd. and received the loan amounting to KRW 3939% per annum.

B. Defendant A’s act of disposing of property (1) Defendant A’s property on September 3, 2012 (hereinafter “instant real estate”) is the real estate indicated in the separate sheet, which is the only property between Defendant B and Defendant B (hereinafter “instant real estate”).

2) The sales contract for sale (hereinafter “instant sales contract”)

(2) At the time of the instant sales contract, Defendant A bears approximately KRW 40,000,00 for several financial institutions, in addition to the obligations prescribed in the foregoing paragraph (a).

C. On the other hand, the registration of creation of a mortgage was completed on May 15, 2009 by the debtor as Defendant A with respect to the instant real estate, and the establishment of a mortgage was completed on May 15, 2009 by the agricultural cooperative granting the right to collateral security (hereinafter “the right to collateral security”) and on September 3, 2012, which was the date the instant sales contract was concluded.