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(영문) 서울북부지방법원 2017.07.06 2016가단153578
사해행위취소
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 12,620,396 and the amount of KRW 6,633,325 from July 7, 2016 to the date of full payment.

Reasons

1. The Korean Standards Bank, Inc., Ltd., with the indication of the claim, lends each of the loans to the Defendant, ① on March 24, 2008, KRW 10 million to the Defendant on March 24, 2009; ② on October 24, 2012, KRW 7.72% per annum of the rate of profit on the distribution of three-month CDs under the General Terms and Conditions for Credit Transactions at Bank (D) and ② on October 26, 2017, KRW 57,500,000 on October 26, 2017; and KRW 13.5% per annum of the rate of loan interest under the Basic Terms and Conditions for Credit Transactions at Bank Interest.

In addition, on February 12, 1989, the defendant applied for the membership of credit card holders of the above bank, and agreed to faithfully implement each provision according to the credit card holders' terms and conditions, and was issued a credit card on his business basis.

However, while the Defendant did not pay the above loan, the Plaintiff acquired the credit card payment claim on December 10, 2013 among the credit against the Defendant of the said bank, and acquired the loan claim on October 15, 2013.

On March 12, 2016, the Plaintiff filed a request for payment order against the Defendant (2016, 3170, 2016, which became final and conclusive.

Therefore, the Plaintiff’s claim against the Defendant in relation to the above amount of money transferred. As such, the Defendant shall pay to the Plaintiff 2,620,396, the sum of the principal and interest of KRW 12,620,396, and the principal amount of KRW 6,63,325, an annual interest rate of KRW 28% from July 7, 2016 to the date of full payment.

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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