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(영문) 서울북부지방법원 2018.08.28 2018가단105078
사해행위취소
Text

1. Defendant A shall pay to the Plaintiff KRW 7,090,728 and KRW 4,458,58 among them, 34.5% per annum from January 5, 2018 to the day of full payment.

Reasons

1. Basic facts

A. (i) The Hyundai Savings Bank loaned KRW 5,00,000 to Defendant A on July 7, 2015, respectively, at the expiration date of the loan, KRW 34.9% on July 7, 2018; Defendant A delayed payment of the loan; and Defendant A transferred the above loan claim to the Plaintiff on January 20, 2017.

On July 31, 2017, the Plaintiff was delegated with the authority to notify the transfer of the above loan claims by the Hyundai Savings Bank (Article 3(12)(1) of the Asset Transfer Agreement).

The Plaintiff filed an application with the Defendant A for the payment order seeking the payment of the acquisition amount under this Court’s 2017 tea37671, and on August 7, 2017, “Defendant A paid to the Plaintiff the amount of KRW 5,780,00,07 and KRW 4,112,882 per annum from July 14, 2017 to the date of full payment” and the payment order was finalized on August 29, 2017.

Abstract: (i) the sum of principal and interest as of July 3, 2018 on the foregoing loan claims and interest amounting to KRW 4,112,882 is KRW 7,176,07.

B. (1) On September 7, 2015, 2015, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.

On December 14, 2016, the Plaintiff was delegated with the authority to notify the transfer of the above loan claims from Cho Kak LA loan (Article 3(1) of the Asset Transfer Agreement) and notified the Defendant A of the fact of the transfer of claims with the content certification.

D. As of January 4, 2018, the sum of principal principal and interest of 4,458,581 and interest as of January 4, 2018 is KRW 7,090,728, and the sum of principal and interest of KRW 4,458,581 and interest as of July 3, 2018 is KRW 7,858,093.

C. On February 25, 2016, Defendant A is below the real estate indicated in the separate sheet to Defendant B.

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