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(영문) 서울북부지방법원 2016.08.23 2015가단148319

사해행위취소

Text

1. As to KRW 21,950,562 and KRW 11,811,918 among them, Defendant A shall pay to the Plaintiff the interest rate of KRW 21,950,562 from December 2, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On February 18, 2011, SB Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) loaned 30 million won to Defendant A at the 60-month loan period, the agreed rate of 39.8%, and the overdue interest rate of 44%. On June 19, 2015, the Plaintiff received the above principal and interest claim from the above bank, and applied for an order of payment from the Seoul Northern District Court Decision 2015Hu40625, Sept. 2, 2015, and applied for an order of payment from the above court on September 2, 2015, “Defendant A was issued to the Plaintiff at the rate of 44% per annum from August 18, 2015 to the date of complete payment.”

B. On August 25, 2011, Ariju Capital Co., Ltd. (hereinafter “Ariju Capital”) loaned KRW 23 million to Defendant A for the extended period of 36 months, agreed rate of 34.9%, and overdue interest rate of 39%. On September 29, 2014, the Plaintiff received the claim for the principal and interest of the loan from Ariju Capital and notified the Defendant A of the said assignment of the said credit on October 21, 2014. As of December 1, 2015, the said principal and interest of KRW 11,811,918, and interest of KRW 10,138,644, total of KRW 21,950,562 remain.

C. On April 20, 1987, the Defendants completed the marriage report, and sleeped A(D) and E (F) under the supervision of the Defendants, but on May 10, 2013, the Seoul Southern Southern District Court confirmed the intention of divorce by agreement as Seoul Southern District Court No. 2013No. 1185, and reported divorce on June 27, 2013.

Meanwhile, the Defendants agreed to divorce around May 2013, and the same month.

7. The following agreements (hereinafter referred to as the “agreement”) have been drawn up:

Article 1 (Time of Divorce) The Defendants shall decide to divorce at the Seoul Southern District Court by the end of May 2013, and the Defendant A shall leave the place of residence at the same time as the divorce.

Article 2 (Division of Property) (1) Of real estate married and accumulated by the Defendants, the registration of ownership transfer is made in the name of the Defendant B, Seoul G 401.