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(영문) 서울북부지방법원 2018.12.13 2017가단134871

사해행위취소

Text

1. As to KRW 24,019,260 and KRW 4,990,465 among the Plaintiff, Defendant A shall be from August 31, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 24, 2015, Tae River Loans Co., Ltd. leased KRW 5 million to Defendant A at the rate of 34.9% per annum for 60 months, interest rate, and delay damages from the date of repayment. The Plaintiff acquired the above loan claims on April 28, 2016, and sent the notice of assignment of claims to the above Defendant by content-certified mail on May 9, 2016. The above notice of assignment of claims was served to the said Defendant around that time.

B. On March 13, 2015, Hyundai Capital Co., Ltd. issued a credit card with a delay interest rate of 28.5% per annum to Defendant A, but thereafter, the aforementioned Defendant delayed payment of the credit card amount. On July 7, 2017, the Plaintiff acquired the credit card user’s claim against the above Defendant by transfer, and on July 27, 2017, issued the notice of assignment to the above Defendant by content-proof mail, and the said notice of assignment was served to the said Defendant around that time.

C. On November 24, 2015, 200 won 7 million won was determined and lent to Defendant A on November 24, 2018 and at 34.9% per annum, respectively. On April 14, 2016, the Plaintiff acquired the above loan claim, and filed a lawsuit against the said Defendant as Seoul Northern District Court Decision 2017Da438904, and on July 13, 2017, the said court rendered a judgment that “the above Defendant received the amount calculated at the rate of 34.9% per annum from January 19, 2017 to the date of full payment” and the said judgment became final and conclusive around that time.

As of August 30, 2017, as of August 30, 2017, the Plaintiff against Defendant A.

The acquisition amount stated in the paragraph shall be KRW 7,780,673 in total, the principal shall be KRW 4,990,465 in total, and KRW 2,00 in total, and KRW 2.

The acquisition amount stated in the paragraph shall be KRW 16,238,587 in total, and the principal shall be KRW 11,466,760 in total, and ③

The acquisition amount stated in the paragraph shall be 10,878,214 won in total, and the principal, interest, and delay damages due as of November 1, 2018 of the above acquisition amount shall be added.