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(영문) 서울중앙지방법원 2015.01.20 2014가단71758

사해행위취소등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The bond transfer (1) Nonparty 1, Inc., Ltd., Ltd., (hereinafter “EfK Savings Bank”) granted a loan of KRW 5,000,000 per annum 48.5% (interest-free 7 days) and 36 months (hereinafter “instant loan claim”) to the debtor B (hereinafter “debtor”).

(2) On April 28, 2011, AD Bank transferred the instant loan claims to a limited company for asset deposit funds (hereinafter “property deposit funds”) (hereinafter “property deposit funds”) and notified the transfer of claims around that time.

(3) On May 27, 2013, the asset deposit loan transferred the instant loan claim to Nonparty Abable Asset Management Loans (hereinafter “Abable loan”) and notified the transfer of the claim around that time. (The principal of the bond at the time of transfer is KRW 4,210,047, interest and litigation costs separately).

(4) On January 27, 2014, the instant loan loan was transferred to the Plaintiff and notified the transfer of the credit at that time.

B. The debtor (B) filed an application for individual rehabilitation with the Seoul Central District Court 2009da11542 on February 20, 2009. The decision to authorize the repayment plan was made on April 28, 2009. The debtor was decided to authorize the repayment plan on July 6, 2009.

(2) Under the above rehabilitation procedure, ABK reported to the creditor holding the claim amounting to KRW 4,798,452 against the debtor. The authorized repayment plan was paid out of KRW 2,00,00, the monthly average of KRW 1,621,779 for the adjusted living cost of the debtor, subtracting KRW 378,221 (total available income amounting to 60 months) from monthly average of KRW 378,221 (total available income amounting to 22,693,260) from April 14, 2009 to March 14, 2014, and the repayment plan was divided into 16 total creditors (31%) and the repayment plan was paid KRW 14,65,00 on April 14, 655, and KRW 2639,364,69,369,50 each month from March 14, 2014 to March 14, 2014.