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(영문) 서울북부지방법원 2016.11.08 2015가단144904

사해행위취소

Text

1. Defendant A’s interest rate of KRW 7,953,830 and KRW 5,156,570 among the Plaintiff shall be from November 7, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On September 2, 2013, Tae River Loans Co., Ltd. extended a loan of KRW 6 million to Defendant A at least 36 months, agreed interest rates, and 39% per annum, respectively (hereinafter “instant loan”). On December 24, 2014, the Plaintiff transferred the said loan to the Plaintiff the principal and interest of the loan, and notified the Defendant A of the assignment of the claim on January 12, 2015.

B. As of November 6, 2015, the principal and interest of the loan remains KRW 2,797,260 in total, 7,953,830 in total, including the principal and interest of KRW 5,156,570.

C. The Defendants completed the marriage report on January 31, 1998, and under the slova C and D, but on October 17, 2014, confirmed the intention of divorce by agreement with the Gwangju District Court 2014No2233, and reported divorce by agreement on the same day.

Meanwhile, on June 30, 2014, the Defendants agreed to divorce and concluded a divorce agreement with the following terms.

① The Defendants are divorced due to the erroneous family life and parenting of children of Defendant A.

(2) A person with parental authority and a custodian shall be designated as Defendant B, and a child support for Defendant B shall be borne by the custodian.

③ Under the condition that Defendant B bears child support for his children, consolation money, and division of property, Defendant A shall complete the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

(4) The defendant A may have visitation right to children in consultation with the defendant A.

E. Meanwhile, on June 24, 2005, the registration of transfer of ownership was completed under Defendant A’s name on the instant real estate, but after the instant agreement, the registration of transfer of ownership in the name of the Defendant B (hereinafter “instant registration of transfer of ownership”) was completed as of July 15, 2014 by the Gwangju District Court on the ground of the donation agreement (hereinafter “instant donation agreement”) dated 142951, which was received on July 15, 2014.

F. At the time of the instant donation contract, Defendant A owned the instant real estate in a flexible manner, and at the time, the market price of the said real estate was KRW 190 million.