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(영문) 대구지방법원 2018.09.19 2017나314043
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. B entered into a credit card use contract with Hyundai Card Co., Ltd. on February 2013 and used the credit card issued by the said company from that time.

B. B entered into a credit card loan agreement with Hyundai Card Co., Ltd. on March 10, 2016 and borrowed KRW 20,000,000.

C. As of October 5, 2016, Hyundai Card Co., Ltd. had KRW 10,325,197 (i.e., KRW 36,400 cash services 9,953,094) and KRW 20,592,896 of credit card loans against B.

On October 5, 2016, Hyundai Card Co., Ltd. transferred to the Plaintiff (i.e., withdrawal; hereinafter referred to as the “Plaintiff”) the above credit card use-price claim and credit card loan claim against B, and then notified B of the transfer of the above credit.

E. On January 2, 2017, the Plaintiff filed the instant lawsuit seeking revocation of a fraudulent act against the Defendant. On April 20, 2017, the lawsuit was pending, the Plaintiff transferred to the Intervenor’s succeeding to the Plaintiff the credit card user’s claim and credit card loan claim against B, respectively, and notified B of the transfer of the said claim.

F. The defendant is the mother of B.

B entered into a sales contract between the Defendant and the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”), which is its sole property (hereinafter “instant sales contract”) and the registration for transfer of ownership was completed on April 22, 2016 by the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (hereinafter “instant real estate”). The copy of the register

G. As of January 2, 2017, the sum of the credit card user-price claims and credit card loans is KRW 33,080,672.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, each entry of evidence Nos. 9, and each inquiry reply to the North Korean head of the court of first instance to the North Korean head at port, respectively.

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