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(영문) 서울북부지방법원 2018.02.02 2017가단127668
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The SBA Savings Bank set KRW 8,00,000 per annum on April 25, 201 to C at 39.8% per annum on interest and at 44% per annum on interest, and each loan was made on December 12, 201 at 34.8% per annum on interest and at 39% per annum on interest.

On December 7, 2015, the Plaintiff was transferred the above loan claim against C by the above savings bank.

The Plaintiff filed a lawsuit against C with the Seoul Northern District Court 2016 tea6358, and on February 29, 2016, upon receiving a payment order, the payment order was finalized on February 18, 2016, stating that “C shall pay to the Plaintiff 44% per annum for KRW 12,382,107 and KRW 4,174,168 from February 12, 2016 to the date of complete payment, and KRW 5,130,024 per annum for KRW 39% per annum from February 12, 2016 to the date of full payment.”

B. On November 22, 2010, SB Savings Bank set C as interest rate of KRW 39.8% per annum and interest rate of KRW 44% per annum, and set as interest rate of KRW 9,000,000 on June 19, 2013 as interest rate of KRW 29.9% per annum and interest rate of KRW 39% per annum and interest rate of KRW 6,000 on April 15, 2014 as interest rate of KRW 25.9% per annum and interest rate of KRW 34.9% per annum.

On June 22, 2016, the Plaintiff was transferred the above loan claim against C by the above savings bank.

The Plaintiff filed a lawsuit against C with the Seoul Northern District Court 2016 tea35716, and on September 9, 2016, with respect to KRW 17,032,258 and KRW 3,108,612 as to KRW 44% per annum from August 11, 2016 to the date of full payment, KRW 6,477,027 per annum from August 11, 2016 to the date of full payment, KRW 39% per annum, KRW 5,377,413 as to KRW 34.9% per annum from August 11, 2016 to the date of full payment.

C. On November 8, 2016, the registration of ownership transfer was completed in the name of the Defendant, E, F, and C on November 8, 2016 with respect to the share of 4/5 of the 39,174 square meters of the forest land B in the Gyeongwon-gun, which was owned D.

(The shares shall be 1/5 for each registered titleholder, respectively.

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