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(영문) 서울동부지방법원 2019.12.13 2018가단136830
사해행위취소
Text

1. Defendant B: (a) with respect to KRW 19,552,928 and KRW 11,897,115 among the Plaintiff, the amount of KRW 19,552,928 and the amount of KRW 27.

Reasons

1. Facts of recognition;

A. A. On October 20, 2015, Co., Ltd.: (a) lent KRW 4 million to Defendant B on October 20, 2015; (b) on October 20, 2017, at 29.9% per annum; (c) on May 31, 2017, KRW 12 million was determined and lent on May 31, 2017, at 27.9% per annum.

On May 17, 2018, the Plaintiff acquired each of the above loans from the said bank. As Defendant B did not pay interest on each of the above loans, the said Defendant, as of October 4, 2018, imposed interest on KRW 15,684,338 on the Plaintiff as of October 4, 2018, as well as interest on KRW 11,897,115 from October 5, 2018 (27.9% per annum).

B. On October 21, 2015, Co., Ltd., Ltd.: (a) lent to Defendant B KRW 3 million on October 21, 2015, at the expiration date of the extension period, at 34.9% per annum on October 21, 2020;

On February 23, 2018, the Plaintiff acquired the foregoing loan claim from the said company, and Defendant B, as of October 4, 2018, did not pay interest on the said loan, imposed the Plaintiff with interest on KRW 3,868,590 and interest on KRW 2,91,079 from October 5, 2018 (34.9%).

C. The real estate indicated in the Attachment List (hereinafter “instant real estate”) is owned by Defendant B. On August 28, 2013, the registration of the establishment of the instant real estate was completed on the ground that the said real estate was completed on the grounds of the termination on May 19, 2017, with the following: F Co., Ltd. (hereinafter “F”), creditor G Co., Ltd., the maximum debt amount of KRW 120,000,000 (hereinafter “instant collateral security”); and (d) the registration of the establishment of the instant real estate was cancelled on the ground that the said real estate was terminated.

On July 27, 2017, Defendant B donated this case’s real property to Defendant C, the sole owner of the instant real property (hereinafter “instant donation”), without any particular property, and completed the registration of ownership transfer on July 28, 201.

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 7 (including provisional number), and the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant B, the defendant B was 19,552,928 won and 11,897 won among them.

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