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1. Defendant B is calculated with the rate of 15% per annum from May 12, 2017 to the full payment day of KRW 52,278,219 to the Plaintiff.
Reasons
1. Basic facts
A. On May 16, 2016, the Plaintiff: (a) determined and lent KRW 50,000,000 to Defendant B at interest rate of 24% per annum; and (b) on November 16, 2016.
B. Defendant B did not pay interest of KRW 11,408,219 ( KRW 50,00,000 x 0.24 x 347/365) until April 27, 2017.2,278,219 ( KRW 11,408,219 - interest of KRW 9,130,00).
C. Meanwhile, around July 20, 2016, Defendant B entered into a sales contract with Defendant C on the instant real estate, and completed the registration of ownership transfer with Defendant C on August 19, 2016 as Seoul Northern District Court receipt No. 53186 on the said real estate.
[Reasons for Recognition]
(a) Defendant B: Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act)
(b) Defendant C: Facts without dispute, entries in Gap’s evidence 1 through 4, and purport of the whole pleadings;
2. According to the above basic facts regarding the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff KRW 52,278,219 (the leased principal KRW 50,00,000 and interest KRW 2,278,219) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 12, 2017 to the day of full payment, which is the day following the day when a copy of the complaint in this case is served.
3. Determination as to the claim against Defendant C
A. 1) The Plaintiff’s assertion 1) that Defendant B concluded a sales contract with Defendant C on or around July 20, 2016 with respect to the instant real estate and completed the registration of ownership transfer constitutes a fraudulent act. 2) The instant real estate asserted by Defendant C is owned by Defendant C’s mother, which is the Defendant C’s title trust with Defendant B, and thus, the instant real estate does not constitute the Defendant B’s responsible property.
Therefore, even if Defendant B sold the above real estate to Defendant C, it cannot be viewed as a fraudulent act detrimental to the general creditors.
B. Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name if the obligor completed the registration of ownership transfer under the name of the title trust agreement.