사해행위취소
1. As to KRW 31,116,430 and KRW 24,914,032 among the Plaintiff, Defendant A shall be the year from January 10, 2018 to the day of full payment.
1. Basic facts
A. On May 13, 2012, Defendant A entered into a contract for the use of a credit card with Hyundai Card Co., Ltd. (hereinafter “Modern Card”) and used the credit card issued by the said company from that time.
B. On March 3, 2017, Hyundai Card transferred to Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) a credit card use claim (such as principal, KRW 24,914,032, interest, etc.) against Defendant A, and sent notice of its assignment.
C. On September 11, 2017, Hyundai Capital transferred the claim against Defendant A (principal principal amounting to KRW 24,914,032; delay damages; KRW 3,420,556; and July 31, 2017) to the Plaintiff. On September 28, 2017, the Plaintiff, who was delegated with the power to notify the assignment of claims by Hyundai Capital Capital, sent notice of the assignment of claims to Defendant A.
As of January 9, 2018, the amount of claims against the plaintiff against the defendant is the principal amount of KRW 24,914,032, and interest or delay damages are KRW 6,202,398.
With respect to the real estate listed in the separate sheet (hereinafter “instant apartment”), which was owned by C on February 6, 2012, the registration of ownership transfer was completed due to the inheritance by consultation and division (each share of 1/2), and with respect to the shares of 1/2 of the instant apartment among the instant apartment in the name of Defendant A, the registration of ownership transfer in the name of Defendant B was completed due to the purchase and sale as of January 24, 2017 (hereinafter “the instant purchase”) by the Seodaemun District Court (Seoul Western District Court Decision 2561, Jan. 24, 2017) and as of January 19, 2017 (hereinafter “the instant purchase”).
E. Defendant A, around January 19, 2017, assumed the liability for the use of the said credit card with respect to the Hyundai Card, on the KB National Card, on the other hand, except for the deposit claims of KRW 2,100,000 against the KB National Bank, Defendant A was in excess of the liability due to the absence of other assets than 1/2 of the instant apartment except for the deposit claims of KRW 2,100,000.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 to 5, credit information sources of this Court, and K non-National Bank.