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(영문) 서울북부지방법원 2016.11.08 2016가단116272

사해행위취소

Text

1. As to KRW 56,843,355 and KRW 35,875,417 among the Plaintiff, Defendant A shall be the year from March 7, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On June 25, 2013, the Fair Savings Bank Co., Ltd. (hereinafter “Fair Savings Bank”) granted a loan of KRW 40 million to Defendant A with the loan period of KRW 60,000,000 per annum 21.10% per annum, overdue interest rate of KRW 33.10% per annum, and with the repayment of the principal and interest equal to the repayment method (hereinafter “instant loan”).

B. Defendant A lost a benefit due to delayed payment of the principal and interest of the loan, and the Fair Savings Bank transferred the principal and interest of the loan to the Plaintiff on December 16, 2015, and notified Defendant A of the assignment of the credit on December 29, 2015.

C. As of March 6, 2016, the above principal and interest of loans remains 56,843,355 won (principal 35,875,417 won and interest thereon).

On the other hand, on September 30, 2014, Defendant A sold real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) as its sole property to Defendant B, a partner, for the purchase price of KRW 110 million (hereinafter referred to as “instant sales contract”). Defendant A completed the registration of transfer of ownership under Defendant B’s name on September 30, 2014 as the receipt office of Gwangju District Court’s netcheon Branch Branch Branch Office (hereinafter referred to as “instant sales contract”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. According to the facts of the recognition of the above claim against Defendant A, Defendant A is obligated to pay to the Plaintiff the amount of KRW 56,843,355 of the above principal and interest of KRW 35,875,417 of the principal and interest of KRW 35,875 of the above principal and interest of KRW 33.10 per annum from March 7, 2016 to the date of full payment.

3. Claim against the defendant B

A. Although, at the time of the conclusion of the instant sales contract, a claim for a loan by the Fair Savings Bank was not practically created, the agreement was already concluded, which served as the basis of its establishment, and as such, the delay in repayment had already occurred, the claim against the Defendant A by the Fair Savings Bank against the Defendant of the said Fair Savings Bank.