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(영문) 창원지방법원 2016.08.16 2015가단85353

사해행위취소

Text

1. As to motor vehicles listed in the separate sheet

A. Automobiles entered into on August 3, 2015 between the Defendant and B.

Reasons

1. Basic facts

A. The establishment of the preservation claim and the assignment of the claim 1) Plaintiff (Withdrawal) Hyundai Capital Co., Ltd. (hereinafter “Slive Capital”) are limited to “Slive Capital”).

(B) On March 20, 2014, B entered into a credit transaction agreement with the loan principal of KRW 30,00,000, the loan period of KRW 36 months, and the loan interest rate of KRW 15.50 per annum. At the time of the said credit transaction agreement, B agreed to pay the remaining debt in addition to the compensation for delay applying 24% per annum to the remaining debt if a cause for loss of benefit occurs. B (2) from January 2015, B notified Hyundai Capital of the loss of benefit due to the delay in the repayment of the above loan obligation to Hyundai Capital as of August 19, 2015.

The principal and interest of claim against Hyundai Capital B around August 3, 2015 are KRW 20,421,767.

(3) On October 29, 2015, Hyundai Capital: (a) filed the instant lawsuit seeking revocation of a fraudulent act against the Defendant on October 29, 2015; (b) on May 20, 2016, the Plaintiff’s successor transferred the said loan interest and interest to the Plaintiff’s successor; (c) notified the Plaintiff of the transfer by content-certified mail to B; and (d) thereafter, the Plaintiff’s successor succeeded to the instant lawsuit and withdrawn from the lawsuit with the Defendant’s consent.

B. On July 22, 2015, the Plaintiff received KRW 5,000,000 from the Defendant and decided to sell a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and then sold the motor vehicle under the same year.

8.3. The construction of the contract for the transfer of ownership on the instant automobile was completed, and the transfer of ownership on the said automobile was completed in the name of the defendant on the same day

(hereinafter “instant transfer contract”). C.

If the overdue debts of one debtor, such as the financial resources of B, continue to exist for at least 90 days, registration is made in the list of the Federation of Financial Companies, and B is ① the Small & Medium Business Corporation on August 28, 2015, and560.