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(영문) 서울북부지방법원 2020.06.03 2019가단117542
사해행위취소
Text

1. The defendant shall pay to the plaintiff KRW 5,352,180 and KRW 2,937,172 among them, per annum from March 29, 2019 to the day of full payment.

Reasons

On May 13, 2016, C Co., Ltd. loaned KRW 3,00,00,00 to the Defendant at interest rate of 27.9%, and the above loan claims were transferred through D Co., Ltd. to the Plaintiff on October 26, 2018, which was notified to the Defendant on November 28, 2018. The above principal and interest of the loan were notified to the Defendant on March 28, 2018, and the above principal and interest of the loan were 5,352,180 as of March 28, 2019, and there was no dispute between the parties. Thus, the Defendant is obligated to pay to the Plaintiff, the assignee of the credit, the amount of the principal and interest of KRW 5,352,180 as well as the principal and interest of KRW 2,937,172 as of March 29, 2019 at the annual rate of 27.9% as of the day following the last interest payment day.

The defendant asserted that the plaintiff's claim in this case is contrary to the good faith and is not permissible since he obtained the approval of debt settlement from E.

In light of the above, E’s approval for debt settlement is merely a system that assists in the debtor’s economic recovery through debt settlement, such as extension of the repayment period, installment repayment, adjustment of interest rate, deferment of repayment period, and debt reduction and exemption, etc. For debtors meeting certain requirements, such as bearing excessive debt to various financial institutions, etc., even if such approval was granted, such approval alone cannot be deemed as effective to block the plaintiff’s claim of this case.

(4) In addition, it is necessary for the Plaintiff to secure an executive title in preparation for a case where the approval of debt settlement becomes void due to the Defendant’s failure to implement the repayment plan, etc.

Therefore, the defendant's assertion is not accepted.

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.

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