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1. Defendant A’s interest rate of KRW 5,561,731 and KRW 3,325,310 among the Plaintiff shall be from September 30, 2014 to the date of full payment.
Reasons
(b) Purport;
2. According to the facts found in the determination as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 39% per annum, which is the agreed interest rate, from September 30, 2014 to the date of full payment, for KRW 5,561,731 as the principal and interest for the loan 1, and for KRW 3,325,310 as the principal and interest for the loan 3,310 as the principal and
3. Determination as to claims against Defendant B and C
A. The gist of the Plaintiff’s assertion argues that the sales contract concluded with Defendant B as to the 1/3 share of each of the instant real estate in excess of the debt amount constitutes a fraudulent act, and thus, the contract should be revoked. Defendant B and the subsequent purchaser, the beneficiary, Defendant C, should compensate the Plaintiff for the value stated in the purport of the claim.
B. The Plaintiff’s claim for the principal and interest of the first and second loans against Defendant A is a claim for the preservation of a fraudulent act against the said Defendant, and the lower court examined whether the instant sales contract constitutes a fraudulent act.
* If a security right has been established on an object transferred by a false debtor, only the remaining part of the object which remains after deducting the amount of the secured debt and if the amount of the secured debt exceeds the price of the object, the transfer of the object does not constitute a fraudulent act.
(See Supreme Court Decisions 97Da10864 Decided September 9, 1997; 2007Da24954 Decided July 12, 2007; 2012Da31963 Decided November 28, 2013, etc.). (See, e.g., Supreme Court Decisions 97Da10864 Decided September 9, 1997; 2007Da24954 Decided July 12, 2007; 201Da31963 Decided November 28, 2013). (* In light of the above legal principles, the value of the instant real estate, among each of the instant real estate, of KRW 1/3 shares of the Defendant at the time of the instant sales contract, was KRW 31,975,216 ( KRW 95,650 + KRW 3,650).