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(영문) 부산지방법원 2020.03.12 2019가단9398

대여금등

Text

1. As to the Plaintiff, Defendant B’s KRW 76,969,166 and KRW 71,892,369 among them, the period from May 28, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan claim against Defendant B was created. The Plaintiff loaned 15% interest per annum on March 24, 2016, and the due date for repayment was automatically extended on March 24, 2017. However, upon Defendant B’s failure to pay the principal of the loan, the Plaintiff was repaid KRW 5 million to Defendant B on March 23, 2018, and subsequently approved the repayment of the loan to Defendant B as of March 23, 2023, the Plaintiff lost its interest due date by 75 million interest, interest rate of KRW 12% per annum, interest rate of KRW 80 million, and interest rate of KRW 20 million. The Plaintiff’s credit against Defendant B as of May 27, 2019 is KRW 75 million,500,000,000, KRW 75 million per annum, KRW 36369,7967,7969,797,797,796,797,797,79.

B. The Defendants entered into the instant gift contract between the Defendants (1) and the husband and wife on November 7, 2017, and filed a divorce report on February 5, 2018. (2) On January 10, 2018, Defendant C entered into a gift agreement with Defendant B on the instant real estate owned by Defendant B (hereinafter “instant gift agreement”). As to the instant real estate, the Busan District Court’s Busan District Court’s Busan District Court’s receipt No. 1003, Jan. 11, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the sum of KRW 76,969,166, and the principal of the loan to KRW 71,892,369, as well as damages for delay calculated by the rate of 12% per annum from May 28, 2019 to the date of full payment.

B. As to the claim against Defendant C, the Plaintiff’s donation of the instant real estate, which is the only property to Defendant C in excess of his/her debt, as the property division following the divorce, constitutes a fraudulent act.