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(영문) 서울북부지방법원 2020.11.27 2020가단104863
사해행위취소
Text

Defendant B shall pay to the Plaintiff KRW 39,697,090 and KRW 6,913,913 among them, 19% per annum from January 11, 2020 to the date of full payment.

Reasons

1. Facts of recognition;

A. D Co., Ltd (hereinafter “D”) lent KRW 8,00,000 to Defendant B at an annual interest rate of 11.9%, interest rate of arrears rate of 19.9% per annum, and date of the expiration of the loan on August 20, 2020.

B. E Co., Ltd. (hereinafter “E”) lent KRW 3,00,000 to Defendant B, respectively, the loan period of August 9, 2016, interest rate of KRW 27 months, annual interest rate of KRW 24.9%, annual interest rate of arrears rate of KRW 27.9%, and ② September 17, 2015, the loan period of KRW 60, annual interest rate of KRW 5.9%, annual interest rate of KRW 22,250,000, annual interest rate of KRW 24%.

C. D around July 31, 2017, to E, the Defendant B.

on December 20, 2017, E transferred the claim described in the subsection, and E transferred the claim to the Plaintiff.

paragraphs 1 and 2.

The claims described in subsection (d) were transferred, respectively.

On October 14, 2015, Defendant B purchased real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) and completed the registration of ownership transfer on November 30, 2015. On January 15, 2019, Defendant C entered into a donation agreement with Defendant C on the instant real estate (hereinafter “instant donation agreement”) and completed the registration of ownership transfer on January 16, 2019.

E. At the time of the instant donation contract on January 15, 2019, Defendant B, as active property, had 1/3 equity interest in the instant real estate as well as in the Fanyang-gun Fanyang-gun, Jeonyang-gun, which was equivalent to KRW 2,94,400, and Defendant B, as a small property, was liable for KRW 105,921,00 in total to the G Cooperatives, H Bank, and Plaintiff.

F. Defendant B and Defendant C divorced on July 11, 2008 after marriage on September 11, 1991, and subsequently divorced on July 28, 2016 after the re-Marriage on July 28, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 1 (including branch numbers), the Court Administration Computer Information Center of this Court, the results of fact inquiry of I agencies, the purport of the whole pleadings

2. Determination as to the claim for transfer money against Defendant B

A. The plaintiff to indicate the claim is entitled to No. 1-C from E.

As such, Defendant B acquired the claim against Defendant B, Defendant B.

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