사해행위취소
1. Defendant B’s interest in KRW 37,816,927 and the Plaintiff’s interest in KRW 19,779,602 from April 21, 2018 to the date of full payment.
1. Basic facts
A. On July 29, 2015, E Co., Ltd. loaned KRW 20,000,000 to Defendant B at 29.2% per annum and at 34.9% per annum of overdue interest rate.
B. From December 2015, Defendant B began to delay the payment of interest on the above loan obligation.
On December 7, 2016, the above savings bank transferred its loan claims against Defendant B to the Plaintiff, and notified Defendant B of the transfer of the claim.
C. Defendant C lent KRW 4,500,000 on June 8, 2015 to Defendant B, a working partner, and KRW 68,500,00 on August 12, 2015 and on August 13, 2015.
On October 12, 2015, Defendant B drafted a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “Defendant B shall have a maturity of KRW 80,000,000,000 from Defendant C on March 10, 2012, and shall be borrowed from Defendant C on October 19, 2015, but shall not have an objection even if the obligor is immediately subject to compulsory execution when the obligor fails to perform his/her monetary obligation,” and the preparation of the notarial deed of this case shall be referred to as “the notarial deed of this case,” and “the notarial deed of this case”.
On October 21, 2015, Defendant C applied for a seizure and assignment order to Busan District Court on the basis of the instant authentic deed, and on October 28, 2015, Defendant C issued a seizure and assignment order of the claim (hereinafter “instant assignment order”) with respect to the benefit claim against Defendant B F Co., Ltd. on October 28, 2015.
Accordingly, the above defendant received total of KRW 15,227,913 from the above company from January 2016 to July 2017.
E. At the time of the instant debt repayment contract, Defendant B assumed a large number of obligations as well as the loans owed to the Plaintiff, and Defendant B was the sole active property of the wage claim against the Plaintiff F.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including additional statements), the Court Administration of this Court, and the G agency's fact-finding results, the defendant.