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(영문) 서울북부지방법원 2020.01.10 2018가단123106

사해행위취소

Text

1. Defendant B’s interest rate of KRW 13,598,079 and KRW 10,000 among them shall be from May 16, 2018 to the date of full payment.

Reasons

1. The following facts are acknowledged either as a dispute between the parties or as a whole by taking account of Gap evidence Nos. 1 through 7, and 10 (including identification cards), as a whole the purport of the arguments as a result of the fact inquiries into the Cheongju District Court, the Cheongju Branch Branch Court, the Court Administration, the D Office, and the E Association, and the response to the submission of financial transaction information.

A. On January 20, 2016, F Co., Ltd. (hereinafter “F Co., Ltd.”) determined and lent KRW 10 million to Defendant B at the maturity of January 20, 2021 and at the rate of 34.894% per annum, respectively.

B. On May 12, 2017, Defendant B paid the agreed interest on the said borrowed money, and the agreed interest was lost due to the failure to pay the said borrowed money, and on December 5, 2017, the Plaintiff received the claim for the said borrowed money against Defendant B from the non-party company, and notified the transfer of the claim on behalf of the non-party company on January 10, 2018.

C. As of May 15, 2018, Defendant B was unable to pay a total of KRW 10 million of the borrowed principal and KRW 3,598,079,000,000,000,000,000,000,000,000 as of November 30, 2018. The unpaid interest on loans by Defendant B based on November 30, 2018 is KRW 15,420,302.

On the other hand, as Defendant C, his father, died on June 6, 2017, succeeded to G’s property at the ratio of 3/9 shares, H, I, and Defendant B’s share of 2/9 shares. The Defendants, H, and I entered into an agreement on the agreement on the division of inherited property solely inherited by Defendant C (hereinafter “instant agreement on the division of inherited property”), which is the only inherited property on August 1, 2017. Accordingly, Defendant C completed the registration of ownership transfer on the instant real property on August 7, 2017.

E. At the time of the conclusion of the agreement on division of the inherited property of this case, Defendant B is in addition to the above inheritance shares.