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1. Defendant A shall pay to the Plaintiff KRW 32,712,089 and KRW 21 million from April 6, 2016 to the date of full payment.
Reasons
1. Plaintiff’s claim against Defendant A
(a) Indication of claims: The claims against the defendant A shall be as shown in the attached Form;
B. Decision on deeming confession (Article 208(3)2, the main text of Article 150(3) and the main text of paragraph (1) of the Civil Procedure Act). 2. Plaintiff’s claim against Defendant B
A. Basic facts (1) On March 2010, 201, the Korea C&C Co., Ltd. leased KRW 35 million to Defendant A for a loan period of three years and at the fluctuation rate stipulated in the basic terms and conditions for banking loan transactions. While Defendant A delayed the performance of his/her obligation to return the above loan, he/she donated an apartment on the attached list (hereinafter referred to as “instant apartment for convenience”) recorded in his/her own name in the attached list (hereinafter referred to as “instant apartment”) around March 19, 2013, and completed the registration of ownership transfer thereafter on the 20th of the same month.
(2) On September 5, 2014, the Plaintiff acquired the principal and interest of the loan from the Korea Telecommunication Co., Ltd., Ltd., and upon delegation by the transferor, notified Defendant A of the transfer of the loan by content-certified mail. On October 2014, the Plaintiff’s acquisition amount of the loan to Defendant A is KRW 32,712,089 in total, as seen earlier, as of April 5, 2016.
(3) As to the instant apartment, more than seven days after the completion of the registration of ownership transfer in the future of Defendant B, the number of collateral security already established regarding the instant apartment was cancelled.
[Reasons for Recognition] There is no dispute between the parties, or each part of Gap 1-4 (including each number), and the purport of the whole pleadings.
B. The assignee may exercise the obligee's right of revocation even in the case where the claim is transferred so long as the obligee's claim has been established prior to the fraudulent act between the Defendants and the bad faith presumption (1) between the Defendants, and in such a case, the assignee may transfer the claim.