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(영문) 전주지방법원군산지원 2016.08.16 2016가단50080
사해행위취소
Text

1. The plaintiff's successor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

Basic Facts

B entered into an agreement on the use of a credit card with Hyundai Card Co., Ltd. (hereinafter referred to as "Modern Card").

B used a credit card that was issued by Hyundai Card based on the above contract, and accordingly, imposed a credit card price (including interest and damages for delay) equivalent to KRW 21,284,988 on the Hyundai Card as of January 6, 2015.

On January 27, 2006, Modern Card Co., Ltd. (hereinafter “Modern Capital”) entered into a contract with the Plaintiff (Withdrawal) Hyundai Capital Co., Ltd. (hereinafter “Modern Card”) for the acquisition of claims against the customers of Hyundai Card for the continuous sale of overdue debts to the Hyundai Capital Capital.

Of the credit card-price claims that Hyundai Card had against B under the above continuous assignment contract, KRW 20,402,503 (principal principal KRW 19,426,524 and interest KRW 975,979) was transferred to Hyundai Capital on November 17, 2015, and Hyundai Card notified B of the fact of the said assignment of credit on November 20, 2015.

On May 20, 2016, Hyundai Capital Co., Ltd. entered into a contract with the Plaintiff for the acquisition of bonds that transfer the above bonds as KRW 22,536,262 (principal principal KRW 19,426,524 and overdue interest KRW 3,109,738). On May 20, 2016, Hyundai Capital Co., Ltd notified the Plaintiff of the assignment of bonds as above.

B owned the instant apartment, but on August 27, 2015, donated the instant apartment to the Defendant, and completed the registration of ownership transfer to the Defendant on the same day.

[Ground of recognition] In the absence of dispute, Gap's assertion as to Gap's evidence Nos. 1, 2, 3, 4, and 10, and the purport of the whole argument as to the claim for the purport of the whole argument, Eul donated the apartment of this case, which was the only property of this case, to the defendant at the time of the lack of financial resources to the extent that the credit card

Therefore, the above donation contract shall be revoked within the scope of KRW 21,286,788, which is within the scope of the claim against B, and the defendant shall be the plaintiff.

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