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(영문) 청주지방법원 제천지원 2021.03.31 2020가단20872
사해행위취소
Text

The plaintiff's primary claim and conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) E Co., Ltd. loaned 40,000,000 won to D on June 2, 2016 under the following conditions:

- Interest rate and time of payment: 22.5% fixed interest rate - Method of credit implementation: Total amount to be implemented on the date of the commencement of the credit: Repayment (equal installment method): The rate of delayed damages by installments on the date of each month: 10% per annum if the period in arrears is less than three months: 11% per annum if the period in arrears is less than three months but less than four months: 11% per annum if the period in arrears is less than three months, and 12% per annum if the period in arrears is more than four months : 12% per annum: 2% per annum if the period in arrears exceeds four months : 12% per annum) the Plaintiff acquired the obligation for the loan to D from E Co., Ltd. on June 25, 2019, and E Co., Ltd. notified the fact of transfer to D through mail proving the contents on July 2

3) The principal and interest on D’s credit that the Plaintiff acquired (hereinafter “this case’s credit”) is KRW 19,929,013 as of March 21, 2018, and KRW 29,964,508 as of April 27, 2020 (= KRW 19,921,694 as of KRW 10,042,814 as of April 27, 2020).

B. D) From July 19, 2000 to July 19, 200, D shared the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) with Defendant B at the ratio of 1/2 shares.

In addition, on the ground of the instant land, there was a building listed in Section 2 of the attached Table No. 2 owned by Defendant B (hereinafter “instant building”), and the instant land and the instant building were collectively referred to as “each of the instant real estate”).

2) On March 21, 2018, D entered into a sales contract with Defendant B on the condition that D’s share of KRW 1/2 of the instant land was determined as KRW 100 million and sold to Defendant B (hereinafter “instant sales contract”).

3) On March 21, 2018, Defendant B completed the registration of ownership transfer with respect to shares owned D 1/2 of the instant land according to the instant sales contract.

(c)

Defendant B, on June 11, 2018, is the instant case to Defendant C.

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