beta
(영문) 서울중앙지방법원 2015.06.25 2014가단128036

사해행위취소

Text

1. The debt repayment contract concluded on June 23, 2009 between the defendant and B shall be revoked within the limit of KRW 98,448,061.

2...

Reasons

1. Basic facts

A. (1) On August 19, 1998, the Seocho-gun Saemaul Fund of the Republic of Korea loaned KRW 20,000,000 to C around August 19, 1998, and the due date for payment was August 19, 200; the agreed rate was 19.5% per annum; and the delay damages rate was 25% per annum; and B guaranteed the obligation of C.

(2) On June 4, 2009, the Daejeon District Court of Hongcheon-gun Branch of the Daejeon District Court (2009j279) filed an order to pay the loan claims against C and B, and on June 4, 2009, the above court ordered C and B to pay the payment amounting to KRW 19,88,002 to the Seocheon-gun Saemaul Community Fund and the amount equivalent to 19.5% per annum from August 19, 198 to September 18, 1998, and the amount equivalent to 25% per annum from the next day to the day of full payment. The above payment order was served on B on June 8, 2009, and was finalized on June 23, 209.

(3) On December 31, 2009, the Seocheon-gun Saemaul Savings Depository transferred the claim against B to the Songcheon-gun Saemaul Savings Depository, and notified the transfer of the claim to B on January 14, 2010.

On February 23, 2010, Song Forest Finance Asset Management transferred the obligation to the Plaintiff, and notified the transfer of the obligation on March 18, 2010.

The Plaintiff’s claim against B on June 9, 2014 is the principal of KRW 19,88,002 as of June 9, 2014, and KRW 98,448,061 as of KRW 78,560,059.

B. The Defendant’s credit (1) lent KRW 25,00,000 to B on December 12, 2001, KRW 30,000,000 on October 31, 2002, and KRW 60,000 on September 21, 2004, and additionally lent KRW 10,000,00 on March 1, 2006.

(2) On March 1, 2006, B issued to the Defendant a certificate of borrowing KRW 153,360,000, total amount of loans of KRW 125,000 and interest thereon, up to March 31, 2009, and written a certificate of borrowing KRW 150,000,000 on which the promise is made.

C. On June 23, 2009, the debt repayment contract and the credit attachment and assignment order (1) B shall pay 150,000,000 won under the money consumption loan contract dated March 1, 2006 between the defendant and the interest rate on March 31, 2009.