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Reasons
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(영문) 서울북부지방법원 2016.09.08 2015가단137425
사해행위취소
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1. As to the Plaintiff KRW 19,391,00,000 among them, Defendant A shall be from September 17, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 10, 1996, Defendant A was issued a credit card from Korea Standards Bank Co., Ltd. (hereinafter “Sldrid Bank”) around July 10, 1996. The overdue interest rate on the use of credit cards is 28% per annum.

(hereinafter “Credit Card Use Price Claim”) and Defendant A borrowed 7 million won from the next bank using the said credit card on October 31, 2013. The overdue interest rate of the said credit card loan is 21% per annum.

(hereinafter “Credit Card Loan Claim”). In addition, Defendant A received a loan by setting the loan amount of KRW 9 million from the Teld Bank on January 9, 2012 to January 9, 2013, “5.3% per three-month CD interest rate” and “21% per annum per annum for delay.”

(2) On June 19, 2015, the next bank transferred the credit card use price and credit card loan to the Plaintiff, and notified Defendant A of the fact of the transfer of credit. On July 17, 2015, the bank transferred the credit card loan claim to the Plaintiff and notified Defendant A of the fact of the transfer of credit.

(3) As of September 16, 2015, Defendant A lost the benefit of time due to failure to repay the principal and interest of each of the above claims. As of the foregoing, as of September 16, 2015, Defendant A’s credit card loan claims amounting to KRW 2,668,248 (the principal amount shall be KRW 2,334,403). The credit card loan claims amount to KRW 7,053,204 (the principal amount shall be KRW 6,259,709), and the credit loan claims amount to KRW 9,669,552 (the principal amount shall be KRW 9,00,00).

(4) Meanwhile, on April 7, 2016, the total amount of each of the above claims is KRW 22,625,481.

B. On May 29, 2014, Defendant A’s fraudulent act (donation) donated the real estate indicated in the separate sheet (hereinafter “instant real estate”) that is the only property to Defendant B, one of his wife, and hereinafter “the instant gift”).

on June 5, 2014, Defendant B.

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