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Reasons
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(영문) 부산지방법원 2019.11.07 2018가단324083
사해행위취소
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1. As to KRW 44,492,548 and KRW 44,00,00 among them, the Defendant shall pay to the Plaintiff the year from January 1, 2015 to September 10, 2018.

Reasons

1. Basic facts

A. From August 30, 2012 to March 30, 2014, the Plaintiff shall receive the 30-day limit (500,000 won per unit of account on August 30, 2012; 10,000 won (n-1) x 100,000 won pursuant to the sequence (n) set by the Defendant; 30-day limit (n-1) x 600,000 won, and a person who receives the guidance money shall receive 60,000 won from the following month to the deposit amount (hereinafter referred to as “30-day limit).

[2] Of the five accounts (Nos. 15 through 19 in order), five accounts were joined and paid to the Defendant, and the Defendant failed to pay 30-day fraternitys to the Plaintiff.

The loan certificate

1. Principal: 44,000,000 won;

2. Date of repayment: Until December 30, 2014;

3. Interest: One copy, and one copy for overdue interest.

4. Time to pay interest: Payment for the maturity;

B. Accordingly, the Defendant: (a) paid KRW 10,000,000 to the Plaintiff around March 5, 2014; (b) around March 30, 2014, up to KRW 44,00,000 out of the total amount of KRW 30,000 (hereinafter “the instant money”); and (c) written the following loan certificates (hereinafter “the instant loan certificates”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 4, 5-1, 7, 8, 10, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the plaintiff is obligated to pay to the plaintiff the interest and delay damages calculated at the rate of 44,00,000 won and 1% per month for the 44,000,000 won under the loan certificate of this case. In this regard, the defendant agreed to the interest rate of interest and delay damages on the amount of this case between the plaintiff and the plaintiff at the time of drawing up the loan certificate of this case, and entered the interest and delay damages on the loan of this case in one copy. Thus, the plaintiff's argument seeking the payment of interest and delay damages calculated at the rate of 1% per month for the amount of this case. 2) The judgment of this case is without merit.

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