사해행위취소
1.(a)
The act of paying an amount of KRW 10,000,000 each on January 17, 2019 between H and Defendant B, C, and D shall be revoked.
(b).
1. Facts of recognition;
A. A. Around December 11, 2017, H, an employee of the Plaintiff, took out a loan of KRW 20,000,000 from the Plaintiff at the maturity of 11 December 201, 209, with an overdue interest rate of KRW 15% per annum, and entered into a credit card use agreement with the Plaintiff and used the credit card.
B. However, from January 24, 2019, H delayed payment of credit card usage charges, and the above principal and interest of loan was not repaid properly, thereby losing the interest due to the loan obligations and credit card usage charges.
As of May 26, 2019, the outstanding principal and interest of KRW 20,403,681 (i.e., principal amount of KRW 20,00,000; KRW 403,681); and the unpaid credit card amount of KRW 33,547,913 (i.e., principal amount of KRW 31,348,783; KRW 461,78,098; KRW 1,738,032); and the overdue interest rate applicable to the unpaid credit card payment obligation is KRW 21.9% per annum.
C. The Plaintiff filed an order with H to pay the above loans and credit card bills with the Suwon District Court Branch Branch Branching 2019j200, and on June 4, 2019, the Plaintiff received an order to pay the Plaintiff KRW 53,951,594 with respect to KRW 20,00,000 per annum from May 27, 2019 to the date of full payment, KRW 15% per annum from May 27, 2019 to the date of full payment, KRW 31,348,783 with respect to KRW 21.9% per annum from May 27, 2019 to the date of full payment. The above order to pay was served to H on October 15, 2019, and became final and conclusive on October 29, 2019.
H on December 31, 2018, the Plaintiff bank voluntarily retired and received KRW 311,104,847 of retirement pay on January 17, 2019. On the date of the payment of the said retirement pay, H remitted the amount corresponding to the amount indicated in the table of remittance transfer as follows to the Defendants related to himself/herself and his/her relatives on the date of the payment of the said retirement pay.
(hereinafter referred to as “the act of paying each of the instant money”). [The statement of remittance] The account number is indicated where the Defendants’ account is the same as the receipt account of each of the instant money under the receipt account (Account Number) with the Defendant (Defendant).