beta
Text
Defendant B shall pay to the Plaintiff KRW 11,269,837 and KRW 7,00,000 among them, per annum from January 10, 2020 to the day of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in each of the statements in Gap evidence Nos. 5 through 7 (including several numbers) against Defendant B, the fact that D loaned KRW 7,00,000 to Defendant B on April 14, 2016, with interest rate of KRW 27.6% per annum, interest rate of delay 27.9% per annum, and interest rate of April 14, 2019 (hereinafter “the instant loan claim”), Defendant B delayed repayment of the loan after the expiry date, and Defendant B transferred the instant loan claim to the Plaintiff on April 14, 2017, the Plaintiff notified the Plaintiff of the transfer of the loan claim on behalf of D on April 26, 201, the remainder of the instant loan claim of KRW 1,168,379,70,000 per annum as of January 9, 2020 (i.e., interest rate of KRW 1,269,379,700,79).
Thus, Defendant B is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 27.9% per annum from January 10, 2020 to the date of full payment with respect to KRW 11,269,837 and KRW 7,000 among them.
2. Claim against Defendant C
A. As of January 10, 2020, the Plaintiff asserted that Defendant B had a loan claim of KRW 22,047,149, including the instant loan claim against the Plaintiff.
In this regard, Defendant B, on November 27, 2017, assumed the obligation of KRW 55,687,266 on the part of Defendant B, sold real estate indicated in the separate sheet (hereinafter “instant real estate”) as its sole property to Defendant C and changed the real estate into money easily for consumption by selling it to Defendant C.
Therefore, the instant sales contract concluded between the Defendants on November 27, 2017 (hereinafter “instant sales contract”) constitutes an intentional act, and thus, it shall be revoked within the scope of KRW 22,047,149, which is the amount of the Plaintiff’s preserved claim amount. Defendant C is obliged to pay the Plaintiff the amount of compensation for the amount of KRW 22,047,149 and the delayed damages.
B. On November 27, 2017, the Plaintiff was in excess of his/her obligation, and the instant real estate was the only part of Defendant B.