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(영문) 서울중앙지방법원 2016.02.17 2014가단5260645
사해행위취소
Text

1. As to KRW 4,359,131 and KRW 4,277,51 among the Plaintiff, Defendant A’s year from July 12, 2014 to September 29, 2014.

Reasons

1. There is no dispute between the parties to the claim as to the determination of the claim for indemnity. Defendant A is obligated to pay to the Plaintiff KRW 4,359,131 and KRW 4,277,51, whichever is the day following the date of subrogation for the payment of KRW 14% per annum from July 12, 2014 to September 29, 2014, which is the day following the date of service of a copy of the complaint in this case, 20% per annum from September 30, 2014 to September 30, 2015 under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from September 30, 2014 to September 30, 2015; and damages for delay calculated at 15% per annum from October 1, 2015 to the day of full payment.

(A) The Plaintiff claimed for the payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery of the copy of the complaint of this case. However, as the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Special Cases Concerning Special Cases Concerning Special Cases was amended and enforced on October 1, 2015, the interest rate under the Act on Special Cases Concerning Special Cases was changed from 20% per annum to 15% per annum).

A. The Plaintiff asserted that the mortgage contract concluded on April 22, 2014 (hereinafter “instant contract”) between the Defendant A and the Defendant B constituted a fraudulent act, and that the said contract was revoked.

B. The establishment of a fraudulent act refers to the act detrimental to the creditor by the obligor’s active property reduction or the increase of a small property to the extent that the obligor is in excess of his/her obligation or deepening the status of excess of his/her obligation.

In addition, the debtor's act of setting up a collateral on his own real estate to secure the debt of a third party, which brings about a decrease in the debtor's property for the general creditors as the value of the collateral, so the amount of the secured debt held by other creditors from the value of the real estate provided as a collateral, shall be the maximum amount of claims.

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