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(영문) 서울북부지방법원 2016.08.25 2015가단138022
사해행위취소
Text

1. Defendant A’s interest rate of KRW 6,582,140 and KRW 2,807,545 among the Plaintiff shall be from September 17, 2015 to the day of full payment.

Reasons

1. Claim against the defendant A;

A. According to the evidence evidence evidence Nos. 1 through 4, it can be acknowledged that, on February 10, 2012, Tae River Loans Co., Ltd. extended a loan of KRW 3,00,000 annually to Defendant A on February 10, 2012, interest rate of KRW 39% and maturity of payment on February 10, 2014, notified the Defendant A of the loan’s interest and interest on September 7, 2012 at that time. After the transfer of the loan’s interest and interest on the loan to ELC Loans Co., Ltd., Ltd. to the Plaintiff on June 19, 2014, the above LC Loans again transferred the loan’s interest and interest to the Plaintiff on September 16, 2015, and thereafter notified the Defendant A of the loan’s interest and interest at that time.

B. According to the above facts of recognition, Defendant A is obligated to pay to the Plaintiff the interest on the loan amounting to KRW 6,582,140 as well as the principal amounting to KRW 2,807,545 as well as damages for delay at the rate of 39% per annum from September 17, 2015 to the date of full payment.

C. If so, the plaintiff's claim against the defendant A is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

2. Claim against the defendant B

A. The Plaintiff’s assertion 1) The Plaintiff’s father C died on July 12, 201, and the Defendant A succeeded to 2/7 shares of the instant real estate owned by C, which was the only property of Defendant A. However, on September 27, 2012, between Defendant A and Defendant B, who is the wife of C and co-inheritors, and his children and co-inheritors, the instant real estate was owned solely by Defendant B, and each registration of ownership transfer was completed in sequence on the same day.

3 If the joint security against the general creditor has decreased as the defendant A, who is the debtor in excess of 3 debts, waives his/her right to the inherited property while holding a divided agreement on the inherited property, it shall, in principle, be a fraudulent act against the creditor

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