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(영문) 제주지방법원 2019.11.26 2017가단56164
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against C is operating a gas station with the trade name “D gas station.” From June 2014 to September 2014, the Plaintiff supplied transit equivalent to KRW 244,689,000 to C, and was not paid KRW 201,603,00 among them. The Plaintiff filed a lawsuit against Jeju District Court Decision 2014Gahap2804 against C in April 28, 2016 against the Plaintiff for payment of the said goods, and on April 28, 2016, the above court rendered a final judgment of KRW 201,603,000, and the Defendant (C) received KRW 200% per annum from February 13, 2015 to September 30, 2015, and KRW 165% per annum from the next day to September 16, 2016.

Accordingly, the Plaintiff’s claim against C for judgment amounting to KRW 98,449,118, which was paid by C to the Plaintiff on June 14, 2016, KRW 100 million, from February 13, 2015 to June 14, 2016, KRW 46,724,539 [=25,407,501 won = KRW 201,60 x 200 x 20% x 20% x 230 days/365 x 2365, hereinafter the same shall apply].

) 21,317,038 won (=201,603,00 won x 15% x 258 days/366) is first appropriated, and the remainder of 53,275,461 won (=100,000,000 - 46,724,53) is appropriated for principal.

C’s KRW 50 million paid to the Plaintiff on June 14, 2016 (i.e., KRW 148,327,539 (i.e., KRW 201,60,00 - KRW 53,275,461) paid to the Plaintiff (i.e., KRW 121,579 (i., KRW 148,327,539 x 15%) from June 15, 2016 to June 16, 2016, the remainder of KRW 49,878,421 (= KRW 50,000 - KRW 121,579) shall be appropriated for the principal of the judgment.

Therefore, the Plaintiff’s above-mentioned claim is KRW 98,449,118 as of June 17, 2016 (i.e., KRW 148,327,539 - KRW 49,878,421).

In addition, monetary claims calculated at the rate of 15% per annum from June 17, 2016 to the date of full payment (hereinafter “instant monetary claims”) are monetary claims (hereinafter “instant monetary claims”).

B. The Plaintiff’s application for compulsory auction and C’s disposal act.

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