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(영문) 전주지방법원 2019.12.19 2017가합2419

사해행위취소

Text

1. As to the Plaintiff KRW 173,00,000 and KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 31,00,000 from November 12, 2016.

Reasons

1. The Plaintiff indicated the claim: (a) determined the due date on November 11, 2016 as the Defendant; (b) determined the amount of KRW 173 million on September 12, 2016 as the due date; (c) determined the amount of KRW 31 million on October 25, 2016 as the total of KRW 21 million and KRW 10 million on the due date on November 25, 2016 as the due date for payment; and (d) determined the amount of KRW 42 million on January 9, 2017 as the due date for payment on January 25, 2017 as the amount of KRW 173 million on the said loans to the Plaintiff; and (e) the Defendant is obligated to provide the Plaintiff with a total of KRW 10 million (i.e., KRW 300,000,0000 and KRW 10,000,000 from the date of payment on which each of the above loans was amended to the extent of KRW 161.

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming that the relevant provisions of Acts are private);

3. Some dismissed parts of the Plaintiff claimed damages for delay calculated at the rate of 15% per annum from April 6, 2019 to the date of full payment after serving a copy of the application for modification of the purport of the instant claim and the cause of the claim. However, as amended by Presidential Decree No. 29768 on May 21, 2019 pursuant to Article 2(2) of the Addenda, where pleadings are closed after June 1, 2019, the former provisions apply 15% per annum until May 31, 2019, and 12% per annum as amended from June 1, 2019 to June 1, 2019, the Plaintiff’s claim for damages for delay exceeding the rate of 12% per annum from June 1, 2019 to the date of full payment. Therefore, the part of the Plaintiff’s claim for damages for delay is dismissed.