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(영문) 광주지방법원 2018.01.24 2017가단1528
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts without dispute;

A. On September 24, 2014, the Plaintiff (the trade name at that time is the Korea Standards Savings Bank, Inc.) set forth and lent KRW 30 million at 24.90 per annum to C on September 24, 2014, at 24.90 per annum, 48 months from the date of repayment, and delay damages at 34.90 per annum.

The Plaintiff’s above loan claim against C is KRW 44,295,49, including the principal amount of KRW 25,005,200 as of November 29, 2017.

B. C: (a) on August 6, 2015, by a notary public, to Defendant B, on August 6, 2015, the interest rate of KRW 30 million from Defendant B on August 4, 2015; and (b) the due date for payment under the same year.

9.4. I have drawn up a notarial deed of a monetary loan agreement with the purport that each of the loans was borrowed with a set of terms and conditions, and that if the above loan is not repaid, it shall not be subject to an immediate compulsory execution.

In addition, C shall be the same year.

9.2. Defendant A drafted a notarial deed of a monetary loan agreement with the effect that “C, on September 2, 2015, borrowed KRW 50 million from Defendant A on September 2, 2015, with interest rate of KRW 2% and October 13 of the same year as the due date for repayment,” which read that “if the said borrowed money is not repaid, no objection shall be raised even if it is immediately enforced.”

C. On February 19, 2016, Defendant A received an assignment order (the amount of claim KRW 55,771,080) for the wage claim against the Gwangju District Court 2016TWoo616 on the basis of the pertinent notarial deed as seen earlier, and the decision was finalized around that time.

On the other hand, Defendant B is the same year.

2. On the basis of the pertinent notarial deed as seen earlier, C’s order of seizure and assignment of claim (the amount of claim KRW 5,000,000) was issued on the basis of the said notarial deed, which became final and conclusive around that time.

Defendant A is the sum of the instant claim attachment and assignment order from the Seocho Agricultural Cooperative during the period from March 31, 2016 to July 21, 2017.

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