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(영문) 서울북부지방법원 2017.08.29 2016나33880
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Of the judgment of the court of first instance, paragraphs 1 and 2 of this Article shall apply.

Reasons

1. According to the record as to the legitimacy of the subsequent appeal, since the document of lawsuit, including a copy of the complaint of the court of first instance, and the original copy of the judgment, are served to the defendant by means of service by public notice, and the defendant becomes aware of the fact that the defendant was not aware of the lawsuit of this case and the judgment of the court of first instance, it can be recognized that the subsequent appeal of this case was filed within two weeks after

2. Facts of recognition;

A. B, on July 10, 2013, borrowed KRW 7,000,00 from Tae River Loans Co., Ltd., and Tae River Loans Co., Ltd. on June 11, 2014, and ELC Loans Co., Ltd. on June 19, 2014, transferred the above loan claims to the Plaintiff in sequential order.

B. On October 29, 2014, the Plaintiff filed an order with B to pay the acquisition amount of KRW 6,791,977 with the Seoul Northern District Court Decision 2014Da33743, and damages for delay thereof (hereinafter “the acquisition amount claim of KRW 6,777 against the Plaintiff”) and filed a payment order with the said court for KRW 8,823,986 and KRW 6,791,97 with respect to KRW 8,823,986 and KRW 39% per annum from October 17, 2014 to the full payment order, and the said payment order was finalized on November 25, 2014.

C. As of January 11, 2016, the instant claim for the takeover amount remains in KRW 12,934,504, the sum of principal KRW 6,791,97, the cost of KRW 880,136, interest KRW 5,262,391, and KRW 12,934,504.

B On November 19, 2013, on which a sales contract was concluded to sell real estate listed in the separate sheet (hereinafter “instant real estate”) as its sole property to the Defendant, who is the only property of B, to KRW 214 million (hereinafter “instant sales contract”). On December 31, 2013, B completed the registration of ownership transfer to the Defendant on this ground.

On June 16, 2010, the 1st creditor's debt amount (won) 29,851,000 The Automobile Finance Team of the Ga Capital on June 16, 2012, 3 new card business teams of 16,87,000.

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