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(영문) 의정부지방법원고양지원 2019.10.23 2019가단70069
사해행위취소
Text

1. Defendant C: (a) KRW 15 million to Plaintiff A; (b) KRW 35 million to Plaintiff B; and (c) each of the said money, from August 3, 2018 to August 3, 2019.

Reasons

1. Facts of recognition;

A. The Defendants are married with each other.

B. Defendant C prepared a loan certificate with the following content in the absence of Defendant D:

The loan repayment date on July 3, 2018 from N.B., which was 150 million won in cash, was to be repaid on December 30, 2018.

The borrower C (person) the surety D (person)

C. Defendant C was convicted of two years of imprisonment on June 20, 2019 and was issued a total of KRW 35 million on or around July 3, 2018, including KRW 15 million in cash, and KRW 50 million on or around July 4, 2018. Defendant C was prosecuted [2019 Goyang Branch of the Government District Court, KRW 418, 585 (Joint), KRW 890 (Joint), 949 (Joint), 965 (Joint), and 1182 (Joint)]. Defendant C and the Prosecutor appealed appealed for a two-year period of imprisonment on or around July 20, 2019 and is currently pending in the appellate trial (Korean District Court Decision 2019No1837).

[Reasons for Recognition] - Defendant D: The absence of dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 2, 3, and 4, the purport of the whole pleadings, and the purport of the whole pleadings - Defendant C: Confession

2. Determination as to the claim against Defendant C

A. On July 4, 2018, Plaintiff C is obligated to pay the Plaintiff KRW 15 million per annum from August 3, 2018 to July 3, 2018, Plaintiff B is obligated to pay interest of KRW 35 million per annum from July 3, 2018 to Defendant C, 18% per annum (payment on August 3, 2018 to March 3, 2018), the due date for payment specified on December 30, 2018 (hereinafter “instant loan”). Accordingly, Defendant C is obligated to pay the Plaintiff KRW 15 million to the Plaintiff, and KRW 35 million to the Plaintiff and each of the above payments at the rate of interest rate of KRW 18% per annum from August 3, 2018 to June 4, 2019, the delivery date of a copy of the complaint of this case, and damages for delay calculated by 15% per annum from the date following the agreement to June 4, 2019.

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

C. As the provisions governing statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Partial Dismissals, Etc. were promulgated on May 21, 2019 and enforced from June 1, 2019, the provisions governing statutory interest rates were enforced.

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