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(영문) 서울중앙지방법원 2020.04.20 2018가단67511

대여금 및 사해행위취소 청구의 소

Text

1. Defendant B’s interest in KRW 32,464,564 and KRW 8,986,887 as to the Plaintiff, from October 24, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1 against Defendant B (former: D Co., Ltd.) entered into a loan transaction agreement with Defendant B to grant a loan of KRW 10,000,000 with Defendant B (per November 18, 1998) on November 18, 1997, and entered into an additional agreement to increase the above loan amount to KRW 20,000,000 (per November 18, 2004) on November 18, 200 (per date) (hereinafter collectively referred to as “instant loan transaction agreement”).

(2) Defendant B failed to repay the debt under the loan transaction agreement of this case on the maturity date. As of October 23, 2018, the Plaintiff has a claim of KRW 32,464,564, totaling KRW 8,986,87 under the loan transaction agreement of this case with Defendant B as of October 23, 2018, and KRW 23,477,67, and interest and delay damages.

B. Defendant B’s dispositive act 1) A, the father of Defendant B, died on January 8, 2017. At the time, the heir died on May 2018, 2018, the wife F (the heir’s shares 3/13, and E died.

(2) A child G (2/13 shares in inheritance), Defendant B (2/13 shares in inheritance), Defendant C (2/13 shares in inheritance), and Defendant C (2/13 shares in inheritance), died first of all over E, and there was I (the deceased H H’s children, inheritance shares 2/13 x 1/2) and J (2/13 x 1/2). A child K died first of E (the deceased’s children, inheritance shares 2/13 x 1/2) and died first of all over E, and L (the deceased’s wife, 2/13 x 3/5 x 3/5), M (the deceased’s children, inheritance shares, and inheritance shares 2/13 x 2/135 x 2/13 ), and the Seoul District Court completed the registration of ownership transfer under the name of the deceased’s owner of each of the real estate in succession (the deceased’s real estate in succession 207 hereinafter referred to as “the Seoul District Court”).

[Ground for recognition] Defendant B: (a) the fact that there is no dispute over Defendant C’s assertion of confession (Article 150(3) and (1) of the Civil Procedure Act), A’s evidence Nos. 1, 2, 3, and 6 through 11.