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(영문) 인천지방법원부천지원 2020.12.08 2019가단31254
사해행위취소 등
Text

1. It was concluded on April 9, 2019 with respect to 3/7 shares of the real estate listed in the list of real estate attached hereto between the defendant and C.

Reasons

1. Basic facts

A. C as of October 24, 2003, as of October 24, 2003, each of the credit card use contract obligations of KRW 4,911,138 against D Co., Ltd., and KRW 21,602,152 against E Co., Ltd. (i.e., KRW 13,602,152,00,000), and KRW 1,748,004 against F Co., Ltd. (hereinafter “each of the obligations of this case”) were liable for each of the obligations under each credit card use contract against F Co., Ltd. (hereinafter “each of the obligations of this case”); from the creditor’s perspective, each of the obligations of this case”).

On October 24, 2003, D, E, and F Co., Ltd. transferred each of the instant claims to G Co., Ltd., and G Co., Ltd transferred each of the instant claims to the Plaintiff on the same day, and notified C, the debtor, of the assignment of claims.

B. The plaintiff filed an application with the Busan District Court for a payment order against the plaintiff and the defendant for the claim of each of the claims of this case, and on August 9, 2006, the Busan District Court Branch Branch of the Incheon District Court issued a payment order (Seoul District Court Decision 2006Hu5730, hereinafter "the payment order of this case") with the purport that "The plaintiff shall pay 8,00,000 won and damages for delay as stated in the above paragraph, and the defendant shall pay 8,00,000 won and damages for delay as stated in the above paragraph, jointly with C,

After that, the Plaintiff filed an application with Busan District Court for a payment order again for the interruption of the extinctive prescription of the outstanding claim out of each of the instant claims with the Busan District Court, and on May 10, 2016, the vice branch of the Incheon District Court paid to the Plaintiff KRW 20,935,445 (hereinafter “the remaining principal of this case”) and KRW 17% per annum from October 25, 2003 to August 14, 2006, and KRW 20% per annum from the next day to September 30, 2015, and KRW 15% per annum from October 1, 2015 to the day of full payment” to the effect that “C shall pay damages for delay calculated at the rate of 15% per annum from October 1, 2015 to the day of full payment.”

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