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(영문) 대전지방법원홍성지원 2019.08.21 2018가단1407
사해행위취소 등
Text

1. Defendant B’s KRW 150,000,000 as well as the Plaintiff’s annual amount of KRW 9.6% from December 18, 2014 to March 29, 2018; and

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff received interest of 0.8% per month; KRW 2.1 million on December 8, 2010; KRW 300,000 on May 4, 201; KRW 100,000 on September 5, 201; KRW 200,000 on December 5, 201; KRW 300,000 on July 23, 201; KRW 2.1 million on July 23, 201; KRW 200,000 on July 23, 2012; KRW 2.1 million on February 4, 201; KRW 200,000 on March 1, 201; and KRW 300,000 on March 24, 201; and KRW 300,000 on March 4, 2013; and KRW 300,000 on March 31, 2013.

Defendant C transferred money from Defendant B’s account to the Plaintiff’s account after transfer of money.

3) The Plaintiff received interest by December 17, 2014. The Plaintiff’s payment of interest was without dispute over the grounds for recognition, Gap’s evidence Nos. 1, 2-1, 2-2, and 4-4, respectively, and the purport of the entire pleadings.

B. 1) In full view of the following circumstances, it is reasonable to view the Plaintiff’s lending party as Defendant B, not Defendant C, the Plaintiff’s lending party, taking into account the following circumstances: (a) the money transferred to Defendant C was delivered to Defendant B; and (b) the interest was paid from Defendant B.

B) The Plaintiff appears to have been between Defendant C and Defendant B. C) In light of his occupation, etc. at the time of Defendant C and Defendant B, the Plaintiff may receive interest from Defendant C, who is not Defendant B.

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