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Reasons
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(영문) 청주지방법원 2021.01.21 2019가단7938
사해행위취소
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The limit of KRW 50,708,949, which was concluded on August 1, 2018 with respect to the real estate listed in the attached list between C and E.

Reasons

1. Facts of recognition;

A. On February 17, 2016, the Plaintiff entered into a credit loan agreement with E at the rate of 63,000,000 won, February 17, 2021 of the repayment date, interest rate of 14.9% per annum, and interest rate of 26.9% per annum. On September 5, 2018, E delayed payment of interest and lost the benefit of time thereafter.

B. On September 5, 2018, the Plaintiff filed a lawsuit against E seeking the payment of interest and delayed damages, etc. as the Suwon District Court Branch Branch 2019 Ghana 15496, the Plaintiff filed a lawsuit against E, and on April 23, 2020, the judgment rendered that “E shall pay to the Plaintiff the amount calculated at the rate of 17.9% per annum from August 22, 2019 to the date of full payment” with respect to KRW 42,451,320 to the Plaintiff and KRW 36,367,567 from September 22, 2019 to the date of full payment. The above judgment became final and conclusive around that time.

(c)

E’s obligation to the Plaintiff under the above judgment as of November 26, 2020 is KRW 50,708,949 [The amount calculated by the rate of 17.9% per annum for 463 days from August 22, 2019 to November 26, 2020].

(d)

E completed the registration of the transfer of ownership on September 6, 2018 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) that is one’s sole property on August 1, 2018 (hereinafter “the instant sales contract”). E. The maximum amount of KRW 505,200,000 for the instant real estate was set up on September 6, 2018 (debtor, F, Co., Ltd., Ltd.), the maximum amount of the claim amount of KRW 65,00,000 for the claim amount of KRW 26,00,000, the maximum amount of the claim amount of KRW 26,00,000 for each of the instant securities sales contracts (debtor and neighboring mortgagee Co.,, Ltd., Ltd.) and the maximum amount of KRW 400,000 for each of the instant claims amounting to KRW 100,000,000 for 300,000 for each of the instant claims amounting to KRW 100,3010,0000.

(f) C shall be on November 22, 2019.

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