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(영문) 서울중앙지방법원 2019.04.09 2018가단5168983
사해행위취소
Text

1. Defendant B’s KRW 116,940,707 and among them

A. From July 19, 2018 to August 17, 2018, for KRW 30,000,000.

Reasons

1. Basic facts

A. Loan Agreement 1 with Defendant B) The Plaintiff is a loan transaction agreement with Defendant B (hereinafter “the first loan agreement of this case”) concluded on September 3, 2015, based on a loan transaction agreement between the Plaintiff and Defendant B (hereinafter “the first loan agreement of this case”). and the loan interest rate of 3.53% (i.e., the extended loan extended on August 19, 2018).

(2) On October 10, 2017, a loan transaction agreement with a loan rate of KRW 100,000,000, and a loan transaction agreement with a loan interest rate of KRW 3.5% (hereinafter “instant second loan agreement”).

(1) Upon entering into each of the above loan transaction agreements, Defendant B paid the above loan (hereinafter “instant loan agreement”).

3) On the other hand, in the conclusion of the first loan agreement of this case, the Plaintiff’s real estate owned by Defendant B for its collateral (hereinafter “instant real estate”).

(2) According to each of the loan agreements in this case, on September 4, 2015, Defendant B approved that the basic terms and conditions for loan transaction (hereinafter “terms and conditions”) apply to the Plaintiff at the time of the loan transaction agreement with the Plaintiff. According to Article 3 of the terms and conditions, the Plaintiff shall pay damages for delay in accordance with the interest rate fixed by the Plaintiff on the total amount of the amount to be paid if the Plaintiff loses a benefit of time or fails to perform his/her obligation at the expiration of the extension period. The interest rate determined by the Plaintiff shall be 6% within the maximum of 15% per annum, within the maximum of 15% per annum, the overdue interest rate of the loan is 7% within the maximum of 1 month and 3 months, and if the loan exceeds 3 months, the overdue interest rate of 8% plus the additional interest rate of 15%.

3. On April 10, 2018, Defendant B was unable to repay the principal and interest of the loan debt of this case as of April 10, 2018, and Defendant B lost the benefit of time for the first loan debt.

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