logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.20 2017가단5068239
사해행위취소
Text

1. On April 1, 2016, between the non-party B and the defendant, the status of the non-party B and the defendant with respect to the Geum-gu Seoul Metropolitan Government C apartment, 113 Dong 1701.

Reasons

1. Basic facts

A. On January 31, 2013, the Plaintiff: (a) provided loans to B (hereinafter “the network”); (b) KRW 60 million per annum; (c) KRW 21.9% per annum; (d) 33.9% per annum; and (e) January 31, 2018; (b) on May 29, 2014, the amount of loans was KRW 9 million per annum; (c) KRW 25.9% per annum; (d) interest rate per annum; (e) 34.9% per annum; and (e) May 29, 2018 (hereinafter “second loan”).

B. On April 1, 2016, the Deceased entered into a donation contract with the Defendant, the wife, on April 1, 2016, as the only real estate in excess of his/her obligation (hereinafter “instant apartment”). The Deceased, on April 1, 201, completed the registration of the transfer of ownership with the receipt of No. 8564 on April 1, 2016.

C. At the time of the conclusion of the instant donation contract, with respect to the instant apartment, ① the maximum debt amount of KRW 268,800,000, the debtor, the deceased, and the creditor-owned fire and marine insurance company, ② the establishment of mortgage, ② the maximum debt amount of KRW 32,50,00,000, and the establishment registration of mortgage in the vicinity of the debtor, the deceased, and the creditor- Daegu Liquefied Credit Cooperative was completed respectively. On November 17, 2016, the instant donation contract was concluded, ② the establishment registration of mortgage was revoked due to the termination of the creation registration of a neighboring mortgage, and ② on February 2, 2017.

After that date, the Deceased died on August 1, 2016. As of September 22, 2017, which was the date of the closing of the instant argument, the Deceased, and as of September 22, 2017, the Plaintiff: ① the principal and interest of the first loan of KRW 38,436,95 [the principal and interest of the loan of KRW 27,403,723, the late interest rate of KRW 1,189,151, the late interest rate of KRW 19,774, the following day after the last interest calculation of the principal and interest of the loan of KRW 1,189,151, the late interest rate of KRW 19,774, the late interest rate of KRW 9,824,347, the late interest rate of KRW 33.9% per annum from September 2, 2016 to September 22, 2017, the same shall apply hereinafter.

(2) The following day from September 2, 2016 to September 22, 2017, which is the date following the final interest calculation of KRW 4,948, the principal and interest of the second loan [the agreement of KRW 5,63,012, the interest of KRW 290,453, the interest of KRW 4,948, the loan principal].

arrow