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(영문) 수원지방법원 2018.02.14 2017가단505731

사해행위취소

Text

1. As to the Plaintiff, Defendant A’s KRW 37,522,403 and KRW 30,839,105 among them, the period from January 17, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. (1) On December 23, 2005, Defendant A borrowed KRW 38,00,000 from the Korea Exchange Bank. The above loan claims against Defendant A of the Korea Exchange Bank were transferred to the Plaintiff on January 16, 2015 through a limited liability company specializing in the e-mail-backed securitization, and a sable-use partnership loan company, and around that time, Defendant A was notified of the assignment of the above loan claims. (2) On January 16, 2017, Defendant A was notified of the said assignment of claims. (2) The sum of the principal and interest of the above loan claims as of January 16, 2017 exceeds KRW 37,52,403 [the principal amount = KRW 30,839,105, KRW 6,683,298 per annum)].

B.1) On January 22, 2013, Defendant A received a loan of KRW 16,713,820 from the SBA Savings Bank at the rate of 120 months, interest rate of loans, 25% per annum, and 37% per annum. 2) On December 20, 2013, Defendant A received a payment order (Seoul Northern District Court Decision 2014 tea 10824) against the said Defendant on April 8, 2014, Defendant A received a payment order (Seoul Northern District Court 2014 tea 10824) with respect to KRW 24,016,156 and 16,713,820 among them, from March 27, 2014 to the date of full payment, and Defendant A received an order to pay the said amount at the rate of 37% per annum from March 27, 2014 to the date of full payment.

C.1) On January 28, 2013, Defendant A received a loan of KRW 20,470,00 from the Korea C&T Bank at the rate of three years and six months, and nine percent per annum. 2) On September 25, 2014, Defendant A received a loan from the Korea C&T Bank at the interest rate of KRW 20,470,00, and KRW 9% per annum. The Plaintiff applied for a payment order (Seoul Northern Northern District Court 2016 tea36886) against the said Defendant. On September 12, 2016, Defendant A received an order to pay the Plaintiff the amount of KRW 35,714,780 and KRW 20,46,692 at the interest rate of KRW 18% per annum from August 19, 2016 to the date of full payment. The above order became final and conclusive on October 25, 2016.

On the other hand, the real estate indicated in the attached list (hereinafter “instant real estate”) is the father C. of the defendant A.