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(영문) 광주지방법원 2017.04.19 2016나3993
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff issued a credit card to B on April 2015. However, B used the credit card that was issued by the Plaintiff and began to delay payment from November 2015. As of January 18, 2016, the card price in arrears was KRW 13,466,927 (principal KRW 12,835,853, delay damages, etc.).

B. On December 15, 2015, the Defendant purchased a motor vehicle listed in the separate sheet owned by B (hereinafter “instant motor vehicle”) and, instead of paying the purchase price, the Defendant agreed to pay the debt of installment loans that B assumed against Hyundai Capital Capital Co., Ltd. (hereinafter “Modern Capital”).

(hereinafter referred to as the “instant sales contract”). C.

On December 14, 2015, the Defendant received a installment loan of KRW 17 million from Aju Capital Co., Ltd. (hereinafter “Aju Capital”), and repaid the loan of KRW 14,911,389 to Hyundai Capital Capital in full, and cancelled the collateral security (mortgage amount: KRW 4,400,00) established on the instant automobile.

On December 15, 2015, the Defendant registered the transfer of ownership on the instant motor vehicle, and on the same day, on December 14, 2015, the Defendant set up a right to collateral security (the value of the claim: 8.5 million won) on the said motor vehicle with the claim for the set-off loan on December 14, 2015 as the secured claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7, 9 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 4, Eul's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a fraudulent act that causes damage to the general creditors of B within the scope of KRW 1,310,000,000,000 calculated by subtracting the secured claim of Hyundai Capital, which was established on the said motor vehicle from the value of KRW 17,50,000 for the instant motor vehicle.

Therefore, the above sales contract should be revoked within the scope of KRW 13.1 million.

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