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(영문) 서울북부지방법원 2018.04.12 2017나36305
사해행위취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff’s claim acquisition 1) C entered into a credit agreement with the Korea Standards Bank and entered into a credit card purchase agreement with the Korea Standards Bank, and delayed payment of the credit card price. 2) The said bank transferred the said claim against C on April 17, 2014 to the Plaintiff, and sent the notice of the assignment of the claim to C on June 3, 2014 to C at that time. The said notice was delivered to C around that time.

3) On June 25, 2015, the Plaintiff filed a lawsuit claiming the above transfer money against C as Seoul Northern District Court Decision 2015Da248688, and received a favorable judgment from the above court that “C shall pay to the Plaintiff the amount of KRW 1,447,288 and KRW 1,209,360 per annum 28% per annum from October 24, 2014 to the date of full payment,” and the above judgment became final and conclusive. (b) On July 10, 2013, the Plaintiff acquired the Plaintiff’s bonds from the K K Savings Bank from the Plaintiff’s K Savings Bank with KRW 1,65 million per annum, interest rate of KRW 29.9% per annum, interest rate of KRW 65 million per annum, loan period of KRW 60,360 per annum, and the principal and interest repayment method with equal repayment method.

2) On February 16, 2015, the above bank transferred the above loan claims to the Plaintiff, and sent a notice of the transfer of claims to C on March 5, 2015, and received the above notice to C around that time. 3) On May 18, 2016, the Plaintiff filed a lawsuit claiming the transfer of claims against C by Seoul Northern District Court 2016Gaso28787, and was sentenced to a favorable judgment from the above court on May 18, 2016 that “C shall pay to the Plaintiff the amount of KRW 24,56,472 as well as KRW 15,63,75 as calculated at the rate of 29.9% per annum from October 28, 2015 to the day of full payment.” The above judgment became final and conclusive as it is.

C. On July 8, 2013, the Plaintiff’s acquisition of the bonds from the SBA Savings Bank (hereinafter “SBA”) 13.9% of the interest rate of 3.9% on July 8, 2013.

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