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(영문) 서울북부지방법원 2015.01.23 2014가단104602
사해행위취소
Text

1. Defendant A shall pay to the Plaintiff KRW 8,784,448 and KRW 5,116,528 among them, per annum from August 23, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 2, 2010, SB Savings Bank Co., Ltd. loaned KRW 7 million to Defendant A by means of equal installment repayment of principal and interest, 60 months of the loan period, interest rate of KRW 39.8% per annum, and delay damages rate of KRW 44.5% per annum.

B. When Defendant A delayed payment of the principal and interest on the installment of the above loans, the EsB Savings Bank transferred the above loan claim to the Plaintiff on December 20, 2013, and the notice of the assignment of the loan was served on October 23, 2014 by public notice to Defendant A.

On October 7, 2014, the foregoing court issued an order to serve a notice of assignment of claims by public notice to the Daegu District Court on the grounds that Esba Savings Bank applied for service by public notice to the Daegu District Court, and the above court official served a notice of assignment of claims by public notice and served it to Defendant A around October 23, 2014.

As of August 22, 2014, the amount of the loan claims is KRW 8,784,48,48, including the sum of the principal and interest accrued until October 31, 2013, and damages for delay incurred until October 31, 2013, KRW 1,827,72, and damages for delay from November 1, 2013 to August 22, 2014 (=5, KRW 116,528 x 0.45 x 0.45 x 295 x 365).

On June 20, 2012, Defendant A completed the registration of ownership transfer on June 20, 2012 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is one of the only property of Defendant A, based on the gift contract on June 18, 2012 (hereinafter “instant contract”).

E. On March 2, 2006, the establishment registration of the instant real estate was completed in the name of the debtor A, the maximum debt amount of Defendant A, the maximum debt amount of 23,400,000 won, in the name of the National Bank. On September 18, 2012, after the completion of the registration of ownership transfer under the name of the defendant B, the Defendant B repaid the secured debt to the National Bank, and cancelled the said establishment registration. On the same day, the registration was completed prior to the establishment registration of the establishment of the mortgage, which became the maximum debt amount of 52 million won in the future of the

Defendant B obtained a loan of KRW 40,000 from the new Saemaul Savings Depository, and made the above loan to the National Bank ( KRW 14,708,780).

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