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(영문) 대구지방법원 2014.11.14 2014가단105254

사해행위취소

Text

1. The transfer agreement concluded on October 16, 2013 between the defendant and B on an automobile listed in the separate sheet shall be revoked.

2.

Reasons

1. Facts of recognition;

A. On July 15, 201, the Plaintiff extended the loan of KRW 30,693,793, plus interest calculated at the rate of 28.9% per annum, to B on July 15, 2011, and the loan period of KRW 36 months was set at 36 months. B agreed to the Plaintiff to repay the above principal and interest of KRW 1,131,29, and KRW 837,020 from September 2, 201, with the first installment of KRW 1,131,29, and the second installment of KRW 837,020 from the second installment. (2) The Plaintiff delayed the payment of the principal and interest of KRW 20,00,00, and the Plaintiff agreed to extend the repayment period of the remaining loan to KRW 36 months from that time, but B delayed payment of the principal and interest from November 27, 2013.

3) Meanwhile, when the Plaintiff and B delayed payment of interest, etc. at the time of the foregoing loan agreement for 30 consecutive days, they shall lose the benefit of time, and they agreed to pay the total amount of unpaid loans and damages for delay calculated at the rate of 33.9% per annum from the date of delinquency to the date of full payment. B’s disposal act and 1) B, which is an infant on October 16, 2013, shall transfer the automobiles listed in the separate sheet (hereinafter “instant transfer agreement”) to the Defendant (hereinafter “instant automobiles”), and as C, as the receiving office of vehicle registration in Daegu City on the same day, complete the registration of transfer of its ownership.

2) At the time of the registration of transfer as above, B owned the instant automobile of which purchase price is KRW 18,810,000 (purchase on September 2, 201) and the instant automobile of KRW 26,00,00 in the market value of KRW 26,00,00 and a single-story house of KRW 67.5 square meters in Daegu-gu, Daegu-gu, Daegu-gu, Seoul Metropolitan City, and KRW 18,241,670, and its ground. On the other hand, a national bank was in a state of excess of its liability as the sum totaling KRW 14,650,213,30, and KRW 14,650,213, and KRW 30,000,00 in the national health insurance premium, and KRW 68,000,000 in the loans to the Plaintiff.