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(영문) 울산지방법원 2017.09.15 2017가단50036
사해행위취소
Text

1. On September 9, 2015, between the defendant and B, a deed drawn up by notary public C No. 391 on September 9, 2015.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff’s credit loan agreement on B (hereinafter “instant loan agreement”) between B and B on June 20, 2014 is determined as KRW 18,400,000 for loans, interest rate of June 20, 2015, interest rate of KRW 8.1% per annum, and delayed interest rate of KRW 19% per annum.

(2) Since January 10, 2016, the Plaintiff did not pay interest under the loan agreement and lost the benefit of the period. The Plaintiff filed a payment order against B as Seoul Southern District Court 2016 tea39622 and received the payment order (hereinafter “instant payment order”) from the said court on June 16, 2016, and the instant payment order became final and conclusive around September 20, 2016.

B. B issued to the Defendant a promissory note of KRW 115,00,000 as the issuer B and the issue date January 15, 2014, and the due date September 15, 2015. Based on the said promissory note, C’s No. 391 of the No. 391 of the No. 2015 of the No. 391 of the No. 2015 of the No. 2015 of the No. 391 of the No. 2015 of the No. 2015 of the No. 2015 of the No. 2015 of the No. 2015 of the No. 201

(2) On October 2, 2015, based on the instant notarial deed, the Defendant filed an order for the seizure and assignment of claims with Daegu District Court Branching 2015TTB 2320, based on the instant notarial deed, and received the order for seizure and assignment of claims from the said court as of October 2, 2015 (hereinafter “instant assignment order”). On October 20, 2015, the instant assignment order became final and conclusive around October 20, 2015, and collected approximately KRW 45 million from Hyundai Automobile Co., Ltd., a garnishee from around November 2016.

C. B’s property condition around September 9, 2015, which was at the time of the preparation of the Notarial Deed in the instant case, is as listed in the following table.

(1) The creditor, etc. of the creditor, etc. of the creditor, etc. of the exclusive property No. 102, No. 1116, 110.

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