Text
1. The sales contract concluded on September 5, 2018 between the Defendant and G is KRW 20,073,701.
Reasons
1. Basic facts
A. On November 22, 2016, the Plaintiff (i.e., withdrawal; hereinafter “Plaintiff”) entered into a credit loan agreement with G to the effect that the loan amount of KRW 25 million per annum, KRW 16.9% per annum, the loan period of KRW 60 months, the equal repayment of principal and interest, and delayed payment thereof, and (ii) loaned KRW 25 million to G on the same day.
(hereinafter “The instant loan credit”). (b)
G lost the benefit of time due to the overdue repayment of the principal and interest from September 3, 2018. As of February 11, 2019, the instant loan claims were KRW 20,073,701 in total, including the principal amount of KRW 18,509,926, interest amount of KRW 1,023,092, interest interest of KRW 116,922, interest of arrears interest of KRW 371,72, interest of KRW 52,037.
C. On June 21, 2019, the Plaintiff’s succeeding intervenor entered into an asset transfer agreement with the Plaintiff on the acquisition of the instant loan claims, and sent a notice of the assignment of claims on behalf of the Plaintiff to G on July 15, 2019. The said notice of assignment of claims reached G around that time.
On the other hand, on September 5, 2018, G entered into a contract with the Defendant to sell the real estate (hereinafter “instant apartment”) as its only real estate in excess of the debt (hereinafter “instant apartment”) on the attached list, which is its sole real estate (hereinafter “instant apartment”) and completed the registration of ownership transfer for the instant apartment on October 4, 2018.
[Ground of recognition] In the absence of dispute, each entry of Gap evidence Nos. 1 through 3, 5 through 9, 11, and 12 (including the branch numbers if any), the Court Administration of this Court, the results of each inquiry into the City interest viewing, the H agency of this Court, and the response of each order to submit financial transaction information to I, the purport of the whole pleadings.
2. Determination:
A. At the time of the conclusion of the instant sales contract with respect to the existence of the preserved claim, the Plaintiff had a claim, including the principal, interest, etc. up to KRW 20,073,701 against G, and the instant loan claim is intended to exercise the obligee’s right of revocation.