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(영문) 광주지방법원 2017.11.10 2016가단532797
사해행위취소
Text

1.(a)

With respect to 1/2 shares of each of the real estate listed in attached Tables B and the defendant in attached Tables 5 and 6, July 18, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) B against the Plaintiff: (a) entered into a credit card purchase agreement with the Cti Bank on November 9, 2005 and December 9, 2010; and (b) issued a credit card; (c) however, B began to pay credit cards from July 2012; (d) on September 25, 2014, the Plaintiff acquired the credit card payment claim against B from Cti Bank; (e) the Plaintiff applied for a payment order against B (Seoul Northern District Court Decision 2015 tea852); and (e) “B” applied for a payment order against the Plaintiff for KRW 30,835,912 as well as KRW 10,373,418 as well as KRW 10,37,418 as at the rate of 9.9% per annum from January 9, 2015 to the date of full payment; and (e) 8,16,616 to KRW 29,50 per annum from September 29, 2015.

3) On April 21, 201, 200 million won was 36 months after the maturity of 7,000,000 won, and loans were lent to B at interest rate of 39% per annum. However, on April 27, 2016, the Gag Savings Bank delayed payment of interest on the above loans, and on April 27, 2016, transferred the above loan claims to the Ecopha Loan Co., Ltd., Ltd., and on May 10, 2016, the Plaintiff applied for the payment order against B (Seoul Northern District Court Decision 2016Da31410), and “B” was paid to the Plaintiff at the rate of 39% per annum from July 8, 2016 to 39% per annum.

B. On July 18, 2012, B made a donation to the Defendant of 1/2 shares of each real estate listed in the separate sheet (hereinafter “instant donation agreement”). On the following day, B’s transfer of ownership in the name of the Defendant was completed with respect to 1/2 shares of each real estate listed in the separate sheet.

C. Each real estate listed in paragraphs 5 and 6 of the Attached List Nos. 5 and 6 of the expropriation of the real estate listed in the Attached List Nos. 5 and 6 shall be November 15, 2013.

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