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(영문) 대전지방법원 2016.07.13 2015가단35710

사해행위취소등

Text

1. Defendant A’s interest rate of KRW 15,954,154 and KRW 9,502,060 among the Plaintiff shall be from June 30, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On April 25, 2011, C Co., Ltd. (hereinafter “C”) entered into a financial lease agreement with IMW 528i vehicles with the acquisition cost of KRW 39,292,300 in 2008, with respect to the contract term of 36 months, monthly rent of KRW 1,361,88, and overdue interest of KRW 24% per annum. In this case, Defendant A jointly and severally guaranteed the obligations under the above agreement with Nonparty A.

B. The non-party company terminated the above financial lease agreement on the ground that the non-party company did not pay the rent of the C. The amount of the claim under the above financial lease agreement is KRW 9,502,060,000,000,000,000,000,000,000,000,000 won as accrued until June 29, 2015 and KRW 15,954.

C. On July 15, 2015, Nonparty Company transferred to the Plaintiff the claim under the foregoing financial lease agreement with Defendant A, and notified Defendant A of the assignment of the claim on September 24, 2015, and reached Defendant A around that time.

On April 3, 2014, Defendant A entered into a sales contract with Defendant B as to each of the real estate listed in the separate sheet No. 1 (hereinafter “instant sales contract”). On April 3, 2014, Defendant A completed each registration of transfer of ownership under the receipt of No. 21699 on April 3, 2014, the Daejeon District Court’s Busan District Court’s District Court’s receipt of the registration of transfer of ownership as to each of the real estate listed in the separate sheet No. 2 list No. 2 (hereinafter “each of the real estate in the separate sheet No. 1 and No. 2”), and completed each of the said registration of transfer of ownership as of April 3, 2014.

E. At the time of the instant sales contract and the donation contract, Defendant A did not have any specific property under its name other than each of the instant real estate.

【Defendant A’s ground for recognition: The fact that there is no dispute, Gap’s entries in Gap’s evidence 1, 2, 3, and 4 (including each number), the purport of the whole pleadings

2. The corresponding part of the judgment on the claim for money is relevant to the corresponding part of the above 1.