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1. As to KRW 18,891,672 and KRW 13,724,350 among the Plaintiff, Defendant A shall be the year from March 7, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On September 18, 2014, Hyundai Savings Bank Co., Ltd. lent KRW 30,000,000 to Defendant A with interest rate of KRW 21% per annum, interest rate of overdue interest rate of KRW 32.5% per annum, and 20 months per annum, respectively. On November 26, 2015, Hyundai Savings Bank transferred Defendant A’s loan obligations to the Plaintiff.
B. As of March 6, 2016, the loan claim that the Plaintiff acquired by transfer remains 18,891,672 won including the principal amount of KRW 13,724,350 as of March 6, 2016 and the interest in arrears or interest in arrears of KRW 5,167,32.
C. On January 23, 2015, Defendant A sold real estate listed in the separate sheet owned by Defendant A to KRW 91,00,000,000, and the remainder of KRW 91,000,000 shall be paid on January 23, 2015, and the buyer shall succeed to the sales contract (hereinafter “instant sales contract”). Accordingly, the registration of transfer of ownership in Defendant B’s name was completed on January 23, 2015, with the Incheon District Court Seocheon-gu Office of Registry No. 6210, Jan. 27, 2015, with regard to the real estate listed in the separate sheet as indicated in the separate sheet, as the result of the sale as of January 23, 2015.
Attached Form
The real estate listed in the list is the only property of Defendant A.
[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-3, Evidence No. 4-1, 2, evidence No. 1, and evidence No. 2, and the fact inquiry with respect to the Court Administration of this Court, the purport of the whole pleadings
2. Determination
A. According to the above basic facts regarding the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff 18,891,672 won and KRW 13,724,350 per annum from March 7, 2016 to the date of full payment.
B. The creditor may, in principle, be a claim protected by the creditor's right of revocation, inasmuch as the creditor's claim was established prior to the establishment of the fraudulent act, that occurred prior to the act that can be viewed as the existence of the preserved claim 1 in determining the claim against Defendant B. The transferee may revoke the creditor's right of revocation even if the creditor's claim