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(영문) 수원지방법원여주지원 2020.09.17 2019가단55960

사해행위취소

Text

1. Defendant B’s interest rate of KRW 75,00,000 and KRW 70,000 among these amounts to the Plaintiff shall be from May 20, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against Defendant B: (a) from around 2010 to around 2010, the Plaintiff lent money to the Defendant several times at Defendant B’s request; (b) the Defendant Company failed to pay the money on the due date for repayment agreed upon; (c) the Defendant B reached KRW 70,000,000 with the loan amounting to June 27, 2018; and (d) on June 27, 2018, at the notary public D office, the Plaintiff entered into a notarial deed stating that “The said Defendant borrowed KRW 70,000 from the Plaintiff on June 26, 2020 on the due date for repayment and interest rate of 24% (the interest rate shall be paid on June 20, and the interest rate shall be lost if the said Defendant fails to pay the above loan on more than two occasions, even if there is no objection to compulsory execution” (hereinafter “notarial deed”).

3) However, until May 19, 2019, Defendant B delayed payment of KRW 5 million among the interest accrued at the rate of 24% per annum on the above loan amounting to KRW 70 million to the Plaintiff. However, Defendant B did not pay the above loan interest so far. (B) Defendant B completed the registration of ownership transfer on each of the instant real estate owned by Nonparty E (hereinafter “Nonindicted Party E”) on March 7, 2002 with respect to each of the instant real estate owned by Nonparty E (hereinafter “Nonindicted Party”) on January 14, 2002, and at the time, Defendant C, a spouse of the said Defendant, sold the above Defendant’s own house on the ground of this City-si F-si’s own name, thereby creating most of the purchase funds of each of the instant real estate.

2) On May 3, 2019, Defendant B obtained a loan of KRW 60 million from G Cooperatives (hereinafter “instant loan”). Defendant B loaned KRW 60 million from G Cooperatives (hereinafter “instant loan”).

(3) Defendant C was unaware of the loan of this case on May 20, 2019 to Defendant C, who is the spouse, on May 20, 2019, the establishment registration of a neighboring mortgage at KRW 78 million with respect to each of the instant real estate was completed.