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(영문) 수원지방법원 2020.07.09 2019가단574939

사해행위취소

Text

Defendant A and B jointly and severally against the Plaintiff KRW 97,96,35 as well as KRW 90,00,00 among them, from November 26, 2019 to December 26, 2019.

Reasons

Facts of recognition

The interest rate of 2.79% per annum shall be 6% interest rate for two years from the date of commencement of repayment of 6% per annum from the date of repayment of the principal and interest, and shall be paid on the date of repayment every one month in accordance with the repayment date schedule and the repayment date schedule of the principal and interest in equal installments in accordance with the repayment date schedule for three years.

A. On October 27, 2017, the Plaintiff entered into a loan transaction agreement with Defendant A (E’s representative) on the terms and conditions as indicated in the following table, and accordingly lent KRW 90,000,000 to Defendant A (E).

On October 27, 2017, Defendant B (E’s joint representative) jointly and severally guaranteed the obligation of the above loans to Defendant A to the Plaintiff.

B. Defendant A, a primary debtor, did not pay interest on loans from September 30, 2018, and discontinued E around October 10, 2018.

Based on the basic terms and conditions of the instant loan transaction agreement, Defendant A lost the benefit of time on January 29, 2019 due to the unpaid interest.

As of November 25, 2019, the principal of the Plaintiff’s loans to Defendant A and B is KRW 90,00,000, and the outstanding amount is KRW 7,996,335.

C. On March 10, 2017, Defendant B entered into a lease agreement with D to lease the F apartment G (hereinafter “instant apartment”) at KRW 130,000,000, monthly rent of KRW 800,000 from Bupyeong-gu, Incheon (hereinafter “instant apartment”).

On July 13, 2018, Defendant B changed the name of the above lessee in the name of Defendant C, his spouse, and transferred the right to return the lease deposit to Defendant C.

(hereinafter referred to as “instant disposition disposition”). [Grounds for recognition] The fact that there is no dispute (defendant A and B are deemed confessions), each entry in the evidence Nos. 2 through 10, and the purport of the whole pleadings.

2. According to the above facts of recognition as to the claims against Defendant A and B, Defendant A and B jointly and severally agreed upon the Plaintiff with respect to the outstanding amount of KRW 97,96,35 won loaned and the principal amount of KRW 90,000,000 among them, from November 26, 2019 to December 31, 2019, which is the last delivery date of the instant complaint.