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(영문) 광주지방법원 2016.03.18 2015나53496
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. B entered into a credit card use contract with Hyundai Card Co., Ltd. around October 2012, and used the credit card from around that time. On December 20, 2012, by means of cash services, such as borrowing KRW 20,000,000 from Hyundai Card Co., Ltd. as a card loan and credit card loan, etc.

As a result, B’s credit card use price and loan obligation against Hyundai Card Co., Ltd. by April 8, 2014 (= Principal KRW 6,774,82, including delay damages of KRW 21,876,097) were totaled KRW 28,650,919 (= Principal KRW 31,368,082) as of September 25, 2014 (= Principal KRW 9,491,985, including delay damages of KRW 21,876,097).

B. On April 11, 2014, Hyundai Card Co., Ltd. transferred the credit card use price and loan claims owned by the Plaintiff to B to the Plaintiff, and notified the transfer of each claim to B.

C. B, on February 17, 2014, concluded a mortgage agreement with the Defendant regarding each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the maximum debt amount of KRW 30,000,000 with respect to each of the instant real estate (hereinafter “instant mortgage agreement”), and on the same day, the registration of the establishment of a mortgage was completed on February 17, 2014 with respect to each of the instant real estate to the Defendant as the Gwangju District Court No. 3461, Feb. 17, 2014.

At the time of entering into the instant mortgage contract, B’s property is as follows, and no other income was reported to the tax authority.

The real estate value of each of the instant real estate of 14,678,400 real estate of 14,678,400 each of the instant real estate is calculated based on the officially announced value in 2014 (i.e., the total area of each of the instant real estate of 1,056 (i.e., 660=26135), and thus, the total value of each of the instant real estate of 14,678,400 (=13,900) x 1,056 square meters).

Based on the above claim 28,650,919, the 16,400 won, the officially announced value of the real estate in 2014.

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