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(영문) 서울중앙지방법원 2019.06.28 2019가단423
대여금 및 사해행위취소 청구의 소
Text

1. Defendant B’s interest rate of KRW 60,102,782 and KRW 34,673,547 among the Plaintiff shall be from December 2, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 29, 2009, the Plaintiff conducted a comprehensive passbook loan (mausp loan) with a credit limit of KRW 50 million and an overdue interest rate of KRW 15 million per annum. Defendant B lost the benefit of time due to delinquency in paying the principal and interest of loan. On December 1, 2018, the sum of the principal and interest of loan as of December 1, 2018 is KRW 60,102,782 ( principal and interest of KRW 34,673,547).

B. The Defendants’ mother, on December 16, 2010, completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On June 4, 2017, the Defendants, E, F, G, and H, who were their children, entered into an inheritance division agreement with the content that the instant real estate shall be owned solely by Defendant C (hereinafter “instant division agreement”). On the same day, on July 26, 2017, the ownership transfer registration under Defendant C was completed on the ground of the said division agreement.

C. As to the instant real estate, at the time of the instant partition consultation, the right to collateral security (hereinafter “instant right to collateral security”) was established with regard to the instant real estate, and the Defendant C created, on February 20, 2018, the right to collateral security set forth as KRW 60,000,000 for the JA and the maximum debt amount. The instant right to collateral security was cancelled on February 23, 2018.

At the time of the instant partition consultation, Defendant B did not own any property other than 1/6 of the inheritance shares on the instant real estate at the time of the instant partition consultation.

E. At the time of February 12, 2018, the appraised value of the instant real estate is KRW 346,208,910.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15, purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant B is obligated to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum, which is the agreed interest rate of KRW 60,102,782 as well as the principal amount of KRW 34,673,547, among them, from December 2, 2018 to the date of full payment.

(b) by publication of the basis;

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