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(영문) 서울북부지방법원 2014.11.18 2014가단113262

사해행위취소

Text

1. As to KRW 47,912,108 and KRW 40,000 among the Plaintiff, Defendant A shall be from May 10, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On March 20, 2012, Korea Standards Bank (hereinafter “SP”) concluded a credit card use agreement with Defendant A on March 20, 2012. On March 27, 2012, the bank concluded a personal credit loan transaction agreement with a fixed rate of 40,00,000 won, repayment date of 6% per annum on March 29, 2013, and 10% per annum of interest rate of 3 months, interest rate of 40,000,000 won, and interest rate of delay interest rate of 10% per annum.

(hereinafter) Claims under each of the above agreements are “the instant credit card user-price claim” and “the instant loan claim”. (b)

On January 23, 2014, Nonparty Bank transferred to the Plaintiff the instant loan and credit card use-price claim, and at that time notified Defendant A of the assignment of claim.

C. Defendant A lost the benefit of time by delaying the payment of the principal and interest of the instant loan and credit card usage claim, and as of May 9, 2014, Defendant A did not pay the principal and interest of the instant credit card usage cost KRW 2,746,07 (principal KRW 2,07,196, interest and delay damages KRW 738,81) and the principal and interest of the instant loan (principal principal KRW 45,166,101) and KRW 45,166,101 (interest KRW 42,07,196, interest and delay damages).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, 3, and 4 (including paper numbers), the purport of the whole pleadings

2. According to the facts of the determination as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff delay damages at each rate of 28% per annum, which is the agreed delay damages rate, from May 10, 2014 to the date of full payment, for the amount of KRW 42,07,196, total of the principal and interest of the instant case and credit card loans and the principal of the loans, as well as KRW 47,912,108, and the principal of the loans, 18% per annum, which is the agreed delay damages rate from May 10, 2014 to the date of full payment, and for KRW 2,07,196, the principal and interest of credit card loans, from May 10 to the date of full payment.

3. Determination as to the claim against the defendant B

A. The facts of recognition (1) Defendant A is the real estate listed in the separate sheet (hereinafter “instant real estate”).