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(영문) 서울중앙지방법원 2015.06.25 2014가단207267

대여금등

Text

1. Defendant B shall pay to the Plaintiff KRW 104,791,774 as well as KRW 100,000,000 among them, from September 13, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On May 23, 2012, the Plaintiff loaned 10,000,000 won to C at an interest rate of 5.17% per annum, 18% per annum, and one-year loan period (hereinafter “instant loan”). As of September 12, 2014, the Plaintiff’s credit amount against C as of September 12, 2014 ( = 100,000,000 won (= interest rate of 537,897,00 interest rate of KRW 4,253,877) is KRW 4,877).

B. C died on February 25, 2014, and Defendant B, the father of C, inherited C’s property.

C. On June 10, 2013, C entered into a sales contract (hereinafter “instant sales contract”) with Defendant A on the real estate listed in the separate sheet (hereinafter “instant real estate”). Defendant A entered into the instant sales contract on June 28, 2013 with the grounds for registration of the transfer of ownership on the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 5 (including branch numbers for those with branch numbers), the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts of the determination as to the Plaintiff’s claim against Defendant B, Defendant B, the heir of the Plaintiff, is obligated to pay the Plaintiff damages for delay calculated at the rate of 18% per annum from September 13, 2014 to the date of full payment.

B. (1) On June 10, 2013, the Plaintiff’s claim against Defendant A was determined as to the existence of the preserved claim. The Plaintiff’s claim against Defendant C, a preserved claim for revocation of a fraudulent act, was already established prior to the conclusion of the instant sales contract. (2) The “act of undermining the obligee’s right of revocation” which is the object of a fraudulent act’s establishment is an act for the purpose of property right, and thereby, the obligor’s passive property exceeds active property or exceeds the obligation.