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(영문) 광주지방법원 2018.09.19 2017가단528726
사해행위취소
Text

1. Of the real estate listed in the attached list 1, 968/9,285 shares and 2/15 shares among the real estate listed in the attached list 2.

Reasons

1. Facts of recognition;

A. Each Party B and Japan Bank (hereinafter “Japan Bank”) entered into a loan transaction agreement, Samsung Card Co., Ltd. (hereinafter “Seoul Card Co., Ltd.”) with each credit card transaction agreement, and Party B delayed the payment of principal and interest of loan and credit card use. The Plaintiff, who acquired the above principal and interest of loan and credit card use claim by closing from the Samsung Card and the Plaintiff’s acquisition of the above principal and interest of loan and credit card use claim by closing with the Samsung Card, on July 5, 2012, B filed against the Plaintiff on July 26, 2012, the Seoul Western District Court 2012Hu32949, and the issuance of KRW 10,789,179,179, and KRW 18% interest per annum from July 4, 2012 to the day of full payment, and the court payment order and KRW 18% interest per annum from the same court 4575, 2014 to the date of full payment, and each of the above orders were paid to the Plaintiff on July 14, 1815,7.

B. B: (a) the father C, who owned 484/619 shares in the attached list, of the real estate indicated in the attached list, died; (b) on February 15, 2017, with respect to his/her own share of 2/15, he/she completed the registration of transfer of ownership in the name of the Defendant, the mother of the Gwangju District Court No. 11126, Jul. 24, 2017, through an agreement among heirs, with respect to his/her share of inheritance; and (c) at the time B did not have any specific property other than

[Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 6, the result of an order to submit taxation information to the Mine-gun Office, the fact-finding results on the Court Administration Office, the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition, B is obligated to pay to the Plaintiff KRW 42,475,341 and KRW 10,789,179 from July 4, 2012, and KRW 4,94,00 per annum from June 11, 2014 to the date of full payment, and thus, B is obligated to pay damages for delay equivalent to 18% per annum from June 11, 2014 to the date of full payment.

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