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(영문) 서울북부지방법원 2015.08.28 2014가단117660
사해행위취소
Text

1. Defendant A: (a) on KRW 50,738,416 and KRW 42,550,138 among the Intervenor succeeding to the Plaintiff, Defendant A shall be from July 21, 2014 to September 21, 2014.

Reasons

1. Basic facts

A. Defendant A borrowed KRW 330,00,000 from a fisheries cooperative on November 29, 2010 with a view to repaying the loan by one year (the maturity shall be extended on November 29, 2012) and 16% per annum at the maturity of the loan interest rate.

(hereinafter “instant loan”). (b)

On September 27, 2012, the Fisheries Cooperatives transferred the instant loan claims against Defendant A to a limited-liability company specializing in the 29th securitization of Korea EF&A, and sent two notifications of the assignment of claims to Defendant A, but returned, on October 16, 2012, publicly announced the fact of assignment of claims to Defendant A throughout the country and a new one-day newspaper pursuant to Article 7 of the Asset-Backed Securitization Act.

C. On February 27, 2014, Korea EFA’s 29th securitization specialized company transferred the above claims to the CFWS Limited Company, and notified Defendant A of the assignment of claims, and the notification was reached on March 21, 2014.

On April 18, 2014, Sable Partners Loans Co., Ltd. transferred the above claims to the Plaintiff on April 18, 2014, and the Plaintiff sent the notice of assignment to Defendant A on April 21, 2015, with the delegation from the CCB Partners Limited Liability Company. The notification reached April 22, 2015.

E. On November 14, 2014, the Plaintiff transferred the said credit to the Intervenor succeeding to the Plaintiff, and the Plaintiff sent the notification of the assignment of credit to Defendant A on April 21, 2014, and the notification was delivered on April 22, 2014.

F. The instant loan claims remain at KRW 50,738,416 (the principal amount of KRW 42,550,138) as of July 20, 2014.

G. On January 29, 2014, Defendant A completed the registration procedure for transfer of ownership on the ground of donation on January 28, 2014 to Defendant B, who was the only property in excess of his/her obligation, on each of the instant land.

[Reasons for Recognition] Each entry of Gap evidence 1 through 9 (including paper numbers), the purport of the whole pleadings

2. Determination on the monetary claim

A. According to the above facts of recognition as to the plaintiff's claim, the plaintiff's successor to the plaintiff against the defendant A.

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