logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.08.13 2019가단114123
사해행위취소
Text

1. As to the Plaintiff’s KRW 49,147,963 and KRW 19,942,640 among them, Defendant B shall be from March 5, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 7, 2015, D Co., Ltd. loaned KRW 20,000,000 to Defendant B, setting the expiry date of the contract as July 7, 2020, as the loan interest rate and overdue interest rate as 34.894% per annum, respectively.

After that, Defendant B did not pay interest on the above loan.

On October 26, 2018, the Plaintiff acquired the claim for the loan from D Co., Ltd., and on December 19, 2018, notified Defendant B of the claim transfer by content-certified mail on behalf of D Co., Ltd.

The remaining principal and interest of the loan is KRW 34,652,816 [The remaining principal and interest of the loan = 11,926,793 won in overdue interest remaining until October 11, 2018, and KRW 2,745,383 won in overdue interest from October 12, 2018 to March 4, 2019 [19,942,640 won x 144 days x 34.894% in x 365 days x 34.84%) as of March 4, 2019.

B. On December 23, 201, Co., Ltd. loaned 15,000,000 won to Defendant B by setting the lending period as 60 months, the lending interest rate as 31.90% each, and the overdue interest rate as 15,00,000 won. On November 19, 2015, the lending period as 48 months, the lending interest rate as 32.90% each, and the lending interest rate as 7,00,000 won.

After that, Defendant B did not pay interest on each of the above loans.

On October 30, 2017, the Plaintiff acquired each of the above loans from E Co., Ltd., and on November 16, 2017, E Co., Ltd. notified Defendant B of the above assignment by content-certified mail.

The remainder of the principal and interest of the loan of December 23, 2011 as of March 4, 2019 [The remaining principal and interest of the loan of December 259 = 2,99 [the remaining principal = 1,226,789 won up to September 30, 2017 plus 271,137 won up to September 1, 2017 to March 4, 2019] 57,53 won in overdue interest (i.e., 1,226,789 won x 520 days x 31.90% 】 31.90% x below KRW 31.90 x below won). The remaining principal and interest of the loan of November 19, 2015 】 remaining principal and interest of less than 2,235,138,370 x 29.37,298 x 196.38

(c) the defendant.

arrow