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(영문) 서울중앙지방법원 2018.01.18 2016가단5284539
사해행위취소
Text

1. The sales contract concluded on February 6, 2012 between the defendant and the non-party C (D) is 30.0.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit against the Plaintiff’s debtor C (1) concluded a credit card credit agreement with E Co., Ltd. (F Co., Ltd. before the change; hereinafter “E bank”), in order to secure the damages incurred by E Co., Ltd. in the event a credit card member fails to pay the credit card use amount after using the credit card.

(2) After having joined the E bank as a credit card holder, the use of the credit card was not made at the time, and the amount of the credit card was caused by KRW 21,624,00 on February 2012, the E bank claimed that the Plaintiff pay the Plaintiff the amount of the credit card use fee of KRW 25,00,837 on September 26, 2012. The Plaintiff paid the Plaintiff insurance money of KRW 25,00,837 on September 26, 2012 (=insurance money of KRW 21,745,994 on the principal amount of the credit card use payment).

(3) On June 2, 2015, the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2014Da263052, and was sentenced by the said court to “C shall pay to the Plaintiff 25,000,837 won and 21,745,94 won among them, 6% per annum from September 27, 2012 to March 11, 2015, and 20% per annum from the next day to the date of full payment.”

The above judgment became final and conclusive on June 18, 2015.

(4) The amount of the Plaintiff’s claim against C is KRW 30,591,180 as of November 15, 2016 (i.e., principal amount of KRW 21,745,94 as of November 15, 2016 (i.e., KRW 5,401,347) calculated at the rate of 6% per annum from September 27, 2012 to November 15, 2016).

B. The obligor C’s disposal act (1) owned the real estate indicated in the separate sheet (hereinafter “instant real estate”). On February 6, 2012, C concluded a contract to sell the instant real estate to the Defendant, one’s mother, on the part of the Defendant.

(hereinafter “instant sales contract”). According to the instant sales contract, the sales amount is KRW 180,00,000,000, and the down payment is KRW 20,000,000 on the date of the contract, and the balance is KRW 160,00,000.

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