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(영문) 대전지방법원천안지원 2016.08.10 2016가단741
사해행위취소로 인한 가액배상 청구권
Text

1. The contract of donation concluded on November 26, 2012 between the Defendant and B shall be revoked.

Reasons

1. Facts of recognition;

A. On November 13, 2012, the Plaintiff entered into a “B-B-B-B-based agreement with the content that the Plaintiff would lose the benefit of time when the Plaintiff did not pay the loan amount of KRW 20,000,000, annual interest rate of KRW 29.9%, annual interest rate of arrears rate of KRW 39%, annual interest rate of the loan period of KRW 36 months, equal repayment method of principal and interest, and the principal and interest at least 30 days from the repayment date

(hereinafter “instant loan agreement”). B.

B on November 25, 2015, due to delay in the repayment of principal and interest, lost the benefit of time on December 25, 2015. As of January 11, 2016, the principal amount is KRW 13,694,943, interest amount is KRW 9,701,187.

Currently, the overdue interest rate applied by the Plaintiff Company is 34.9% per annum.

C. On November 26, 2012, B donated real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, who is the spouse, on November 26, 2012, and completed the registration of ownership transfer under the name of the Defendant as the receipt of No. 124024 on December 11, 2012, Daejeon District Court Branch Decision 124024.

(hereinafter referred to as “instant donation contract” and “the instant transfer registration of ownership”) D.

B At the time of the donation contract of this case, at the time of the donation contract of this case, there was no specific property other than the real estate of this case and the old automobile (at the age reduction rate of 12 years or more since it was considered to be the age reduction rate of 12 years or more). A loan of KRW 20,000 to the Plaintiff, the loan of KRW 62,00,000 to the Seo-gu Seoul Agricultural Cooperative.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 4, the inquiry result of the fact-finding on the Asan market by this court, the purport of the whole pleadings

2. According to the fact that the existence of the preserved claim is recognized, the Plaintiff had a loan claim under the loan agreement of this case against B prior to the donation contract of this case, and thus, the above loan claim is a preserved claim.

3. The establishment of a fraudulent act and the intention of doing so;

A. The debtor’s act of reducing liability property causes or deepens the shortage of common security for general creditors.

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