사해행위취소
1. As to KRW 6,024,212 and KRW 2,806,538 among them, Defendant A shall pay to the Plaintiff the interest rate of KRW 6,024,212 from December 24, 2015 to the day of full payment.
1. Facts of recognition;
A. On October 30, 2012, Tae River Loans Co., Ltd. lent KRW 3 million to Defendant A (the maturity date: KRW 36 months from the date of loan, interest rate: 39% per annum). Defendant A delayed the installment repayment of the above loans. After then, Tae River Loans Co., Ltd. (hereinafter “instant loans”) were extended to ELC Loans Co., Ltd. with the principal amount of loans 2,806,538 won on July 8, 2013, and interest interest thereon (hereinafter “instant loans”), and LC Loans Co., Ltd. (hereinafter “instant loans”) were successively transferred to the Plaintiff on June 19, 2014. The notification of the assignment of claims at each time of the transfer of claims reaches Defendant A, the debtor.
B. On August 11, 2015, the Plaintiff filed a lawsuit against Defendant A for the claim for the payment of the amount of money transferred to Defendant A (Seoul Northern District Court Decision 2015Da328676). On February 3, 2015, the Seoul Northern District Court rendered a favorable judgment (Seoul Northern District Court Decision 2015Da328676) that “Defendant A shall pay to the Plaintiff the amount calculated at the rate of 38.9% per annum for KRW 5,59,932 and 3,276,966 from February 3, 2015 to the date of full payment.” The said judgment became final and conclusive around that time.
(hereinafter referred to as “claims upon a final and conclusive judgment”) C.
After Defendant A’s mother D died on January 7, 2013, the heir succeeded to the instant real estate listed in the separate sheet owned by the deceased (hereinafter “instant real estate”) as inherited property by shares. On January 7, 2013, the heir consulted on the sole inheritance of the instant real estate through the agreement on the division of inherited property on January 7, 2013, and accordingly, the procedure for the registration of ownership transfer was completed in Defendant B’s future on February 13, 2013.
On March 12, 2015, Defendant B sold the instant real estate to Defendant C in the amount of KRW 110 million, and the following day the registration of ownership transfer was completed in Defendant C.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including each number), the purport of the whole pleadings
2. Determination:
A. The instant loan to Defendant A.