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(영문) 서울중앙지방법원 2016.01.28 2014가단37376
구상금 등
Text

1. Defendant A’s KRW 74,945,012 and weighted to the Plaintiff

A. From December 14, 2013 to January 12, 2014, for KRW 14,837,950.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the grounds for the changed claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

C. Under the amendment of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (Enforcement Decree), only damages for delay calculated at the rate of 15% per annum from October 1, 2015 can be recognized. 2. Claim against Defendant B

A. The plaintiff, in fact, has the same claim as the changed claim in attached Form A against the defendant A.

On November 14, 2013, Defendant A donated the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”) to Defendant B, the wife, and completed the registration of ownership transfer on November 15, 2013. On November 15, 2013, Defendant A donated the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant apartment”) and completed the registration of ownership transfer on November 18, 2013.

around that time, Defendant A’s active property is KRW 250,00,000 of the instant apartment complex, KRW 294,808,445 of the instant apartment complex ( around KRW 467,50,00 of the instant apartment complex market value plus KRW 80,202,871 of the housing mortgage loan and KRW 44,581,583 of the general loan, and KRW 47,907,501 of the real estate mortgage loan against the Company of Maa Savings Co., Ltd., Ltd.), and KRW 563,208,445 of the instant apartment complex ( KRW 467,50,00 of the instant apartment market value).

On the other hand, Defendant A was liable for the total of KRW 113,543,60 in Samsung Card Co., Ltd., Samsung Card Co., Ltd., KRW 26,203, KRW 18,264,203 in the Korea C&T Bank, KRW 3,978,326 in the lot sector and the corporation, KRW 19,303, KRW 130 in the lot sector and the corporation, KRW 64,943,195 in the case sector, and KRW 3,61,00 in the new card company.

【Ground of recognition】 The fact that there is no dispute, A1 through 5, 8, 9, 11, 13, B5, 6, 13 (including each number in case of virtual number), the purport of the whole pleadings

B. Although Defendant A continued to dispose of two properties, the other party to the act of disposal.

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