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(영문) 서울북부지방법원 2019.11.06 2019나31229
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. 1) D (hereinafter referred to as “D”) claims for the amount of money transferred to B

Around September 17, 2013, around 2013, B lent KRW 15,00,000 to B for a loan period of 60 months, interest rate of loan 31% per annum, and overdue interest rate of 39% per annum (hereinafter “instant loan claim”).

(2) As of August 4, 2018, the Plaintiff acquired the pertinent loan claim from D on or before December 7, 2016. As of the base date, the principal and interest on the instant loan claim amounting to KRW 35,251,314 (i.e., the principal and interest amounting to KRW 14,778,905 (i.e., KRW 20,472,409) (i., the interest amounting to KRW 20,472,409). (ii) E Co., Ltd. (hereinafter “E”) (i) around June 25, 2013 (i.e., KRW 25,000, KRW 16,300,000, KRW 21,000 per annum (hereinafter referred to as “loan Claim 2”), and (ii) around September 20, 2013, KRW 200 per annum 44% per annum.

(hereinafter “instant three loan claims”). On March 17, 2016, the Plaintiff acquired the said loan claims from E.

As of August 4, 2018, the principal and interest of the instant loans 2, 3, and 150,010,207 won (i.e., principal and interest of KRW 79,337,92) are the principal and interest of KRW 70,672,215).

3) Co., Ltd. F (hereinafter “F”)

B) Around September 6, 2012, around 2012, leased KRW 5,00,000 to B at the rate of 24 months from the date of maturity loan, the agreed interest rate of 39% per annum, and the overdue interest rate of 39% per annum (hereinafter “instant loans 4”).

F. F. F. G Co., Ltd. (hereinafter “G”).

A) The Plaintiff transferred the foregoing claim to G on or around July 16, 2015, and the Plaintiff acquired the foregoing claim from G. As of August 14, 2018, the principal and interest of the instant loan claim amounting to KRW 7,034,972 (i.e., the principal and interest of KRW 2,896,749, KRW 4,138,223) (i.e., the principal and interest of KRW 4,138,223). 4) The Plaintiff’s claim for the acquisition of the loan amount by October 16, 2018 (i.e., the principal and interest of the instant loan claim amounting to KRW 228,974,026 (i.e., the principal and interest of KRW 42,167,842, the instant loan claim amounting to KRW 178,46,485).

B. B’s gift and cancellation of collateral security right 1) B is the only real estate listed in the separate sheet, which is the only property around August 18, 2015 (hereinafter “instant real estate”).

2.3.2

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