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(영문) 청주지방법원영동지원 2019.05.10 2018가단5378
사해행위취소
Text

1. As to shares in 2/9 of the real estate listed in the separate sheet:

A. It was concluded on July 5, 2018 between E and the Defendant.

Reasons

1. Basic facts

A. On April 6, 2017, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) loaned KRW 10 million to E on April 6, 2017 at a fixed rate of KRW 27.9% per annum of agreed interest rate and overdue interest rate. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”).

(2) On September 25, 2017, the Plaintiff acquired the above loan claims from F, and thereafter notified E of the transfer of the claim. The Plaintiff filed a lawsuit against E to seek payment of the loan that he/she acquired with the Seoul Northern District Court Decision 2018Gaso45302. On August 31, 2018, the aforementioned court rendered a judgment ordering E to pay the amount of KRW 11,536,409 and KRW 10 million with the interest rate of KRW 27.9% per annum from December 20, 2017 to the date of complete payment, and the said judgment became final and conclusive on September 19, 2018, Plaintiff C, Inc., Ltd, with the maturity of KRW 1,000,000 per annum 1,000 per annum 1,000 on November 16, 2015.

Plaintiff

On March 23, 2017, C Co., Ltd. (hereinafter “Plaintiff C”) acquired the above loan claims from Company G from March 23, 2017, and at that time notified E of the transfer of the claims.

Plaintiff

C filed a lawsuit against E against the Seoul Eastern District Court 2018Gaso317718, seeking the payment of the above loan.

On July 25, 2018, E sentenced Plaintiff C to pay 15,435,023 won and 9,635,421 won among them at the rate of 34.9% per annum from November 2, 2017 to the date of full payment. The judgment became final and conclusive on August 17, 2018.

B. The mother of E and the Defendant’s spouse, and H, the Defendant’s spouse, completed the registration of ownership transfer on June 26, 2013 with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) and died on May 23, 2016.

H’s spouse.

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