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(영문) 수원지방법원 2019.09.25 2019가단513972
사해행위취소
Text

1.With respect to shares of 2/11 of the real estate listed in Schedule 1 and 2:

A. On June 22, 2017, between E and the Defendant.

Reasons

1. Facts of recognition;

A. The F Co., Ltd. (hereinafter “F”) loaned KRW 10 million to Nonparty E on September 2, 2015, with a maturity of KRW 34.9% per annum on September 2, 2018, and at the interest rate and overdue interest rate of KRW 34.9% per annum. On December 7, 2015, the F Co., Ltd. (hereinafter “F”) determined and lent KRW 5 million on December 7, 2018 with a maturity of KRW 34.9% per annum.

E began to pay interest on each of the above loans, and the Plaintiff acquired each of the above F’s loans.

After that, the Plaintiff filed a lawsuit against E (Seoul Eastern District Court 2017Gau33423) against the Plaintiff, and the said court rendered a judgment on July 19, 2017 that “The Defendant (E) shall pay to the Plaintiff the amount of KRW 17,605,546 and the amount of KRW 15,00,000 per annum 34.9% per annum from January 12, 2017 to the date of full payment,” which became final and conclusive.

B. Around April 13, 2015, G Co., Ltd. (hereinafter “G Bank”) lent 15 million won to the said E at the rate of 29.6% per annum on April 13, 2017, with a maturity of 15 million won.

E began to pay interest on the above borrowed money, and the Plaintiff acquired the above loan from G Bank.

After that, the Plaintiff filed a lawsuit against E (Seoul Eastern District Court 2018Gau327418), and on July 10, 2018, the said court rendered a judgment that “the Defendant (E) shall pay to the Plaintiff the amount of KRW 23,755,436 and the amount of KRW 14,058,982 calculated at the rate of 34.9% per annum from December 9, 2017 to the date of full payment,” which became final and conclusive.

C. The father H of E died on September 26, 2015, and the inherited property was each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

The deceased H’s successors were J, K, K, Defendant, and E, a spouse (E’s share of inheritance 2/11), but the above inheritors inherited each of the instant real estate solely by the Defendant on June 22, 2017, and the Defendant paid 250,000,000 won to K, and K, E, J, and I agreed to waive inheritance.

In this case.

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