사해행위취소
1. As to the Plaintiff KRW 15,803,301 and KRW 4,079,20 among them, Defendant B shall be from February 11, 2020 to the day of full payment.
1. Determination as to the Plaintiff’s claim against the Defendants
A. The Plaintiff’s claim against Defendant B is found as 1) (A) (1) Defendant B applied for membership to Nonparty D Co., Ltd. (hereinafter “D”) around October 2013 and was issued a credit card from D around that time.
After that, Defendant B used the said credit card for purchase of goods, etc., and the obligation such as the above credit card use price was remaining as of July 31, 2019 (i.e., the principal amount of KRW 4,079,200 overdue interest of KRW 1,697,876).
(2) On August 12, 2019, D transferred on August 12, 2019 all the principal and interest of debt, such as the above credit card use amount, to the Plaintiff, and
9. Around 18.10, the Defendant notified the Defendant of the assignment of claims by content-certified mail.
(3) As of February 10, 2020, Defendant B’s obligation, such as the above credit card use fee, remains (i.e., principal interest of KRW 4,079,200 overdue interest of KRW 2,211,721). The overdue interest rate is 23.7% per annum.
B) (1) E Co., Ltd. (hereinafter “E”)
(2) Around August 18, 2014, Defendant B loaned KRW 3,500,000 to Defendant B at the rate of 60 months and interest rate of KRW 34.9% per annum. Around January 28, 2014, KRW 5,000,000 was determined and loaned at the rate of 24 months and interest rate of KRW 34.9% per annum. (2) Each of the above loans against Defendant E was transferred from E to Limited CompanyF on March 22, 2016 (hereinafter “one assignment”).
(B) On March 28, 2017, the Plaintiff re-transfered from the limited liability company F to the Plaintiff (hereinafter “transfer of claim No. 2”)
(3) Around April 12, 2016, E notified the Defendant of the fact of the assignment of claims by content-certified mail No. 1, and the Plaintiff received the delegation from F to F, and notified the Defendant of the assignment of claims No. 2 by content-certified mail around April 24, 2017. (3) The principal and interest of each of the above loans extended by Defendant B was KRW 9,512,380 as of February 10, 2020 [= [1] the principal and interest of the above loans amounting to KRW 4,576,06,00 [1,576,068 at interest rate of KRW 2,773,301 at interest rate of KRW 1,802,767 at interest rate of principal and interest of the loans amounted to KRW 4,936,312 at principal = principal amount of the loans