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(영문) 서울중앙지방법원 2018.11.01 2017가합500636

사해행위취소

Text

1. As to KRW 1,66,347,958 and KRW 661,50,669 among the Plaintiff, Defendant A shall be from December 1, 2016 to February 6, 2017.

Reasons

1. Determination as to the claim against Defendant A

A. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 4 (including each number, if any, if any; hereinafter the same shall apply) and the whole purport of the arguments, the plaintiff made a loan of KRW 1.6 billion to the defendant on October 10, 201 (hereinafter "the loan contract of this case"), and on October 17, 201, between the defendant A and the defendant, Nos. 101 and Nos. 201 and Nos. 1 to 203 were registered later.

(2) From April 17, 2013, Defendant A lost the benefit of time due to delinquency in paying the interest on the instant loan from April 17, 2013; ③ the Plaintiff’s auction of real estate (in the instant voluntary auction case hereinafter “the instant voluntary auction case”) as to the instant security conducted on November 15, 2016, after receiving dividends of KRW 938,498,331, which was obtained by deducting the legal expenses from the legal expenses, was appropriated to the instant loan obligation; ④ as of November 30, 2016, the interest on the instant loan amount of KRW 1,66,347,958 is the aggregate amount of interest on the loan amount of KRW 61,68,68,67,98, and the annual rate of interest on the loan amount of KRW 616,6168,6868,68,6868,68,688, etc. of the instant loan agreement (= the agreement).

B. According to the above facts, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 6.68% per annum, which is 17.68% per annum, from December 1, 2016 to February 6, 2017, the delivery date of a copy of the complaint of this case, as to the total amount of KRW 1,666,347,958 of the loan of this case and KRW 661,501,669 of the loan of this case.

2. Determination as to the claim against the defendant B

(a) written evidence Nos. 1, 2, and 4 of the underlying facts; and