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(영문) 창원지방법원밀양지원 2015.07.01 2013가단4052

사해행위취소 등

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 National Card Co., Ltd. had a credit card payment claim against B (hereinafter “instant secured claim”). On April 15, 2003, the Defendant transferred the instant secured claim to a limited-liability company specialized in the Orren-backed securitization, and on October 25, 2006, the Defendant transferred the instant secured claim to the Solomon Savings Bank to Solomon Savings Bank, and on May 6, 201, the Solomon Savings Bank transferred the instant secured claim to the Plaintiff.

B. Solomon Savings Bank Co., Ltd. was ordered to pay B with respect to the instant secured claim, “B shall pay the amount of 22,289,431 won to Solomon Savings Bank Co., Ltd. and 7,295,172 won per annum from January 11, 2011 to the day of full payment” to the effect that “B shall pay the amount of 24% interest per annum from January 11, 2011 to the day of full payment.”

C. On May 25, 2011, upon the death of C, the wife, Defendant B, and three other parties, the inheritor, were to enter into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with the Defendant’s inheritance on May 25, 201, and accordingly, the Defendant completed the ownership transfer registration based on inheritance under the name of the Defendant (hereinafter “instant registration on the transfer of ownership”). < Amended by Act No. 14934, May 27, 2011, No. 14934, May 27, 2011.

On March 27, 2013, B entered into an agreement with the Plaintiff to pay KRW 7,100,000 to 71 installment with respect to the instant preserved claim, and repaid KRW 100,000 on the same day.

E. Meanwhile, Samsung Card Co., Ltd. transferred to Solomon Savings Bank on May 3, 2006 the credit card price claim against B, and the Solomon Savings Bank transferred the above credit to the Plaintiff on May 6, 201, and Hyundai Card Co., Ltd. transferred the credit card price claim against B to Em-backed Limited Company on May 15, 2003, and the above credit was transferred before the transfer to the Plaintiff. < Amended by Act No. 10685, May 15, 2003>