1. Defendant A’s interest rate of KRW 6,488,062 and KRW 4,382,296 among the Plaintiff shall be from October 25, 2015 to the day of full payment.

Basic Facts

On July 17, 2013, EF Savings Bank Co., Ltd. loaned KRW 5,000,000 to Defendant A for the loan period of KRW 24 months and interest rate of KRW 34.9% per annum.

When Defendant A lost a benefit by delinquency in the interest of the above loan, the above bank transferred the above loan claim to the Plaintiff on February 16, 2015, and notified Defendant A of the transfer of the claim.

In October 24, 2015, a total of 6,488,062 won, including principal 4,382,296 won, overdue interest 2,074,814 won, expenses 30,952 won, were remaining.

The Defendants’ father C died on December 17, 2014, and jointly succeeded to D and the Defendants’ children.

D and the Defendants, on March 13, 2015, consulted on the division of inherited property with the content that Defendant B independently succeeds to the real estate listed in the [Attachment] ownership of the deceased C (hereinafter “the Deceased”) (hereinafter “the instant real estate”).

Defendant A did not have any property other than the inheritance portion of the instant real estate from the deceased’s death to the agreement on division of inherited property.

【In light of the facts without any dispute over the ground for recognition, Gap’s evidence Nos. 1 through 7 (including additional numbers), the fact inquiry results against the Court Administration Office, and the fact-finding as to the claim against defendant A with respect to the purport of the entire pleadings, the defendant A is obligated to pay damages for delay calculated at the rate of 34.9% per annum from October 25, 2015 to the date of full payment, to the plaintiff who is the transferee of the above loan claim, for the amount of KRW 6,48,062, and 4,382,296.

The agreement on the division of the inherited property established by a fraudulent act with respect to a claim against Defendant B is a juristic act in which the reversion of the inherited property is confirmed by having all or part of the inherited property provisionally owned by each inheritor, or by having it executed as a new co-ownership relationship with respect to the inherited property provisionally owned by co-inheritors after the commencement of inheritance. Therefore, it can be subject to the exercise of the right to revoke the fraudulent act

Supreme Court Decision 2000Da5179 delivered on February 9, 2001