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(영문) 대전지방법원 2019.08.08 2017가단25977
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 12, 2015, the Plaintiff leased KRW 11.9% per annum to Nonparty D Co., Ltd. (former trade name: E Co., Ltd.; hereinafter “Nonindicted Company”) and KRW 135 million per annum, setting the overdue interest rate at 23.9% per annum.

From March 2017, Nonparty Company lost the benefit of time after delinquency of the principal and interest. On October 31, 2017, the loan balance as of October 31, 2017 is principal KRW 83,973,767 and interest KRW 14,90,309.

B. On July 26, 2017, Nonparty Company sold a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) to the Defendant at KRW 30 million, and at the time, the Defendant bears the balance of installment loans for the instant motor vehicle, and approximately KRW 1.5 million was treated by offsetting the account payable by the Nonparty Company.

(However, the transfer price under the Passenger Transport Service Act was stated as KRW 19 million (hereinafter “instant sales contract”). On May 12, 2015, the establishment of mortgage was registered under the name of the FF association with respect to the instant automobile. However, on July 27, 2017, the Defendant paid KRW 19 million to the non-party company on the same day, and transferred KRW 9,548,972 from the G account in the name of the non-party company to the account in the name of the non-party company, and the non-party company paid KRW 28,542,972 to the FF association on the same day, and cancelled the said registration of mortgage.

On July 27, 2017, the defendant completed the registration of transfer of name in the future of the defendant with respect to the instant motor vehicle.

C. As of July 2017, the market price of the instant vehicle is KRW 4,1150,000, and as of October 2018, the market price is KRW 3,6250,000, and the number plate price is KRW 32 million.

On August 3, 2017, on the instant automobile, the mortgage creation registration was completed on August 3, 2017, in which the value of the claim is KRW 24.5 million in the name of the mortgagee HH corporation.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 4, and 9 (including each number), the result of the court's entrustment of appraisal to appraiser I by this court, is against the F association of this Court.

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