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(영문) 서울동부지방법원 2018.09.14 2018가단111862

사해행위취소

Text

1. The Defendant shall pay to the Plaintiff KRW 8,832,099 and KRW 5,652,865 among them, 44% per annum from March 28, 2018 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. On October 1, 2010, Nonparty SBI Savings Bank Co., Ltd.: (a) lent to the Defendant KRW 48 months, agreed interest rate of KRW 39.8% per annum; (b) 44% per annum; and (c) May 23, 201, KRW 1 million per annum of KRW 36 months, agreed interest rate of KRW 39.8% per annum; and (d) 44% per annum per annum.

On December 20, 2013, SBI 4 Savings Bank transferred the above loan claims against the Defendant to Korea Light Asset Management Loan Co., Ltd., and on April 7, 2015, Korea Light Asset Management Loan Co., Ltd. transferred the above claim to the Plaintiff on December 11, 2015, and the said company transferred the claim to the Plaintiff on December 11, 2015, and notified the Defendant of the assignment of the claim.

As of March 27, 2018, the debt amount of the defendant is 5,652,865 won in total, overdue interest 3,00,634 won in total, and 178,60 won in total,832,099 won in total.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6, purport of whole pleadings]

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the total amount of KRW 8,832,099, and the principal amount of KRW 5,652,865, and delay damages at the rate of 44% per annum, which is the overdue interest rate from March 28, 2018 to the date of full payment.

2. The plaintiff's claim of this case is accepted on the ground of the reasons.