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(영문) 수원지방법원성남지원 2017.07.14 2016가단23655
사해행위취소
Text

1. Defendant A’s interest rate of KRW 5,600,272 and KRW 5,00,000 among the Plaintiff shall be from September 22, 2016 to the day of full payment.

Reasons

Basic Facts

- On April 29, 2016, the Plaintiff loaned 5 million won to Defendant A at the rate of 36 months of the lending period, the agreed interest rate, and delay damages rate of 27.9% per annum.

Since then, A has delayed the repayment of principal and interest on June 22, 2016 and lost the interest on June 22, 2016. As of September 22, 2016, A paid interest amounting to KRW 5,600,272 (= Principal amounting to KRW 5,000,000, at KRW 209,562, at KRW 340,710, at interest rate of KRW 50,000, interest rate of KRW 209,562).

- The Defendants completed the registration of ownership transfer on March 21, 2016 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as a legally married couple who completed the marriage report on December 10, 2007, which was jointly owned by the Defendants in their shares 1/2.

- On May 27, 2016, Defendant A donated 1/2 shares of the instant real estate, one-half shares (hereinafter “instant shares”) to Defendant B, the sole property of which was the instant real estate, and on the same day, Defendant B completed the registration of ownership transfer on May 27, 2016 as the receipt No. 24596 of the Suwon District Court Branch Branch of Sungwon-nam Branch of May 27, 2016.

- On May 9, 2016, the Defendants applied for divorce with the Sungwon District Court Sungnam branch on May 9, 2016 and completed the divorce declaration on August 30, 2016 with the confirmation of intention of divorce on August 30, 2016 by the said court (2016 Cooperation921).

- At present, Defendant B is currently residing in the real estate of this case in support of his wife C (D).

[Based on the facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4, Eul's 2 and 3 (including serial numbers; hereinafter the same shall apply), each statement in this court, significant facts in this court, and the purport of the entire pleadings as to the defendant A's claim against the defendant, the defendant A is obligated to pay to the plaintiff damages for delay calculated at the rate of 27.9% per annum for the amount of the loan principal and interest unpaid to the plaintiff from September 22, 2016 to the date of complete payment.

The plaintiff A.I. assertion by the parties to the judgment on the claim against the defendant B.

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