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1. As to KRW 20,069,872 and KRW 20,069,805 among the Plaintiff, Defendant A’s year from June 4, 2020 to July 9, 2020.
Reasons
Attached Form of Claim for Reimbursement
1. As indicated in the cause of the claim, Defendant A lost the benefit of time due to Defendant A’s failure to pay the principal and interest of a loan granted from C Bank with the Plaintiff’s credit guarantee, or due to the failure to pay the principal and interest of a loan, may be acknowledged by the purport of each description of evidence No. 1-10 and all pleadings.
Therefore, Defendant A is obligated to pay the Plaintiff the principal and interest of KRW 20,069,872 and damages for delay calculated at the rate of 10% per annum from June 4, 2020 to July 9, 2020, which is the delivery date of a copy of the complaint in this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
Defendant A caused a credit guarantee accident due to delinquency in the principal and interest of loan due to the revocation of fraudulent act and acceptance of the partial claim for restitution.
2. On February 13, 2020, Defendant B entered into a sales contract with respect to the real estate recorded in the list (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and completed the registration of ownership transfer under Defendant B’s name (Ycheon District Court Branch Branch No. 16706, Feb. 13, 2020).
At the time of the above sale and purchase and transfer of ownership, Defendant A had no particular property other than the instant real property, and was in excess of the obligation that was unable to repay the obligations to creditors including the Plaintiff.
Defendant B is the birth of 1996, and Defendant A's parent is the father of D's parent.
Meanwhile, at the time of the instant sales contract, the instant real estate was established on September 12, 2014 by collateral security (the maximum amount of claims KRW 120,000,000, the debtor A, and the mortgagee E), but the said collateral security was cancelled on February 13, 2020 and a new collateral security (the maximum amount of claims KRW 108,00,000,000, the debtor B, and the mortgagee F&C) was established after the instant sales contract and ownership transfer registration.
At the time of the instant sales contract and the instant case.