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Reasons
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(영문) 서울북부지방법원 2019.01.22 2017가단139630
사해행위취소
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1. As to KRW 192,296,493 and KRW 14,778,905 among the Plaintiff, Defendant B shall be from August 5, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. D around September 17, 2013, around September 17, 2013, Defendant B lent KRW 15,000,000 to Defendant B for a loan period of 60 months, interest rate of loan 31% per annum, and interest rate of 39% per annum (hereinafter “instant loan 1”).

(2) On or around December 7, 2016, the Plaintiff acquired the loan claim from D. As of August 4, 2018, the principal and interest of the loan claim of this case as of August 4, 2018 are KRW 35,251,314 ( principal principal KRW 14,778,905, interest KRW 20,472,409). 2) E loaned Defendant B with overdue interest rate of KRW 25,00,000, KRW 16,300,000, KRW 21,000 per annum (hereinafter “loan claim of this case”), and KRW 20,700,000 per annum around September 2, 2013 set the overdue interest rate of KRW 24% per annum.

(hereinafter “instant three loan claims”). On March 17, 2016, the Plaintiff acquired the said loan claims from E.

As of August 4, 2018, the principal and interest of loan claims in this case 2 and 3 are KRW 150,010,207 ( principal principal KRW 79,337,92, interest KRW 70,672,215).

3) On September 6, 2012, F Co., Ltd.: (a) around 2012, Defendant B loaned KRW 5,000,000 to Defendant B at the rate of 24 months from the date of maturity loan; (b) 39% per annum per annum; and (c) overdue interest rate of 39% per annum (hereinafter “instant 4 loan”).

(4) As of August 14, 2018, F Co., Ltd. transferred the above credit to G, and the Plaintiff acquired the above credit from G on or around July 16, 2015. As of August 14, 2018, the principal and interest of the loan credit of this case was KRW 7,034,972 (principal principal KRW 2,896,749 KRW 4,138,223) and KRW 228,974,026 (the principal and interest of the loan credit of this case KRW 42,167,842) and the principal and interest of the loan credit of this case KRW 178,446,485 KRW 48,359,699).

B. Defendant B’s donation and cancellation of the right to collateral security (i) Defendant B’s sole property on August 18, 2015 (hereinafter “instant real estate”) is the real estate indicated in the separate sheet, which is the only property on or around August 18,

The gift to Defendant C, the wife of which (hereinafter referred to as “instant case”).

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