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(영문) 창원지방법원진주지원 2019.10.15 2019가단3178
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. The order of payment (1) for each credit card payment obligation (a) E (main (a) of C (hereinafter the indication of a corporation is omitted when the name of the company is re-written) against C is requested by the Changwon District Court for payment order against C to “payment of KRW 1,395,307 in total amount of credit card payment from March 5, 2001 to May 19, 2001.” The payment order was issued on July 3, 2001, and the above payment order was finalized on July 3, 2001.

(B) Meanwhile, C entered into a contract with F on August 11, 2000 for membership of a credit card and began to delay payment from August 29, 2002 while using the credit card.

(2) On October 24, 2003, G (A) acquired total of KRW 12,872,482 from E and F, including the card price that he/she had against C.

(B) The Plaintiff acquired each of the above claims from G (State) on the same day, and at that time notified C of the assignment of each of the above claims.

(C) Accordingly, the Plaintiff filed a lawsuit against C to seek “The payment of the principal amount of each acquisition amount of KRW 5,546,965 (including F credit card payment of KRW 4,247,965) and damages for delay thereof,” and the judgment was rendered on January 24, 2007 by the Changwon District Court of Jincheon-si (2006Gau992) for “C” to the Plaintiff at KRW 5,546,965 from October 25, 2003 to January 13, 2007, and at KRW 20% per annum from the next day to the date of full payment.” The judgment became final and conclusive on March 10, 207.

(2) On November 22, 2016, the Plaintiff ordered the Defendant to pay “2,27,355 won in balance of the acquired principal and 17% per annum from October 25, 2003 to January 13, 2007; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the date of full payment.”

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