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(영문) 서울북부지방법원 2018.06.14 2017가단137238
사해행위취소
Text

1. Defendant A’s interest rate of KRW 7,493,210 and KRW 3,00,000 among the Plaintiff shall be from August 19, 201 to the day of full payment.

Reasons

1. Facts of recognition;

A. In each of the loans to Defendant A, the Bank of Ep Savings Co., Ltd. lent KRW 8 million on October 17, 2012, and KRW 1 million on December 6, 2012, and each of the above loans was set at 36 months, interest rate and delay damages rate at 38.9% per annum, and the repayment method at equal interest rate per month.

B. On June 14, 2016, the Plaintiff: (a) against Defendant A of the Ep Savings Bank Co., Ltd.

After acquiring each loan claim mentioned in paragraph (1), the Seoul Northern District Court 2016 tea43754 applied for a payment order against the above defendant, and on October 26, 2016, the above court ordered the payment order that "Defendant A shall pay to the plaintiff 13,969,447 won and 6,717,297 won with an annual amount of 38.9% from September 10, 2016 to the date of full payment." The above payment order was finalized on November 16, 2016.

C. On October 4, 2012, SB Savings Bank Co., Ltd.: (a) on October 4, 2012, Defendant A lent KRW 3 million to Defendant A at the rate of three months from the date of repayment, interest rate of 30.9% per annum, and delay damages rate of 39% per annum.

The Plaintiff, March 21, 2017, against Defendant A from the Esba Savings Bank Co., Ltd. on March 21, 2017.

After having taken over the loan claims indicated in the claim, on July 31, 2017, the notice of assignment of claims was sent to the above defendant by content-certified mail, and the notice of assignment of claims was served to the above defendant at that time.

E. The plaintiff's defendant A, B

The principal and delay damages due to the failure to pay the transfer money as stated in the subsection (hereinafter referred to as “the transfer money of this case”) shall be the total of 18,028,588 won as of March 30, 2018, and D.

The principal and interest accrued or delay damages due to the non-payment of the transfer money stated in the subsection (hereinafter “the second transfer money of this case”) are KRW 7,493,210 as of August 18, 2017, and the principal is KRW 3 million among them.

F. Meanwhile, C, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) died on March 15, 2014, and D, E, Defendant B, and Defendant, the child.

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