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(영문) 광주지방법원 2016.10.11 2016가단8294
사해행위취소 등
Text

1. Defendant A’s interest rate of KRW 17,039,096 and KRW 14,637,300 among the Plaintiff shall be from March 8, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On March 27, 2013, the Plaintiff loaned KRW 27,00,00 to Defendant A with the loan period of KRW 38 months, interest rate of KRW 34.99% per annum, interest rate of delay damages, KRW 39% per annum, and equal repayment method. Defendant A delayed repayment of the principal and interest from October 25, 2015, and as of March 7, 2016, the above principal and interest amount of KRW 17,039,096 per annum (i.e., the principal and interest amount of KRW 14,637,300, interest rate of KRW 14,598,370 at interest rate of KRW 770,026 at interest rate of KRW 33,400).

B. At the time of January 26, 2015, Defendant A donated each real estate listed in the separate sheet, which is the only property list to Defendant B (hereinafter referred to as “instant real estate”) as of January 26, 2015 (hereinafter referred to as “instant gift agreement”), and completed the registration of ownership transfer under Defendant B’s name on January 27, 2015 for the instant real estate as of January 26, 2015.

C. The Defendants obtained confirmation of their intention to divorce with the Gwangju Family Court No. 2015No. 530 and completed a divorce report on March 27, 2015.

At the time of the donation contract of this case, Defendant A had a large number of obligations as well as obligations against the Plaintiff. On the contrary, Defendant A was the sole property of the real estate of this case equivalent to the market value of KRW 174,166,110.

E. At the time of the instant donation agreement, the instant real estate was established with the right to collateral security (hereinafter “instant right to collateral security”) established by the Gwangjin-gu Agricultural Cooperative, Seocheon-gu, the mortgagee of the right to collateral security (hereinafter “the instant right to collateral security”). However, the instant right to collateral security was cancelled on February 12, 2015 due to termination.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the facts of the determination as to the claim against Defendant A, Defendant A’s total amount of KRW 17,039,096, and the principal amount of KRW 14,637,300 among the principal amounts, 39% per annum, which is a delay compensation interest rate from March 8, 2016 to the date of full payment, from March 8, 2016 as of the above base date.

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