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(영문) 서울북부지방법원 2016.08.10 2015가단142212
사해행위취소
Text

1. As to KRW 14,981,408 and KRW 4,862,816 among the Plaintiff, Defendant A shall be from October 25, 2015 to the date of full payment.

Reasons

Facts of recognition

On May 11, 201, the Plaintiff’s claim for acquisition of the loan (right to preservation) against Defendant A lent KRW 5,000,000 to Defendant A at the rate of 60 months of loan and interest rate of KRW 44% per annum. On May 16, 2011, the Bank of Ep Savings Co., Ltd established a loan of KRW 15,000,000 to Defendant A at the rate of 36 months of loan and interest rate of KRW 36.9% per annum.

On March 24, 2014, Tae River Loans Co., Ltd. transferred the above loans to LC Loans Co., Ltd., and notified Defendant A of the transfer of the loans at that time.

On June 19, 2014, ELC Loan Co., Ltd. transferred the above loan claims to the Plaintiff and notified Defendant A of the transfer of claims.

On February 16, 2015, EF Savings Bank Co., Ltd. transferred the above loan claims to the Plaintiff, and notified Defendant A of the transfer of claims.

As of October 24, 2015, loan claims against Defendant A of Tae River Loans remain 9,136,967 won in total, including principal 4,862,816 won, interest 4,214,794 won, and expense 59,357 won. As of October 24, 2015, loan claims against Defendant A of Tae River Loans in the Am Savings Bank were 3,674,805 won in total, interest 2,169,636 won in total, and 5,844,41 won in total, as of October 24, 2015.

The Defendants, on April 20, 201, acquired ownership of 1/2 shares of the real estate listed in the separate sheet (hereinafter in this case’s real estate) on the grounds of sale as of March 17, 201. On November 7, 2013, Defendant A donated 1/2 shares of the instant real estate, which is its sole property, to Defendant B, and transferred the ownership transfer registration to Defendant B on November 8, 2013.

On the other hand, the Defendants reported a marriage on October 23, 2001, but got a divorce on March 24, 2014.

With respect to the whole real estate of this case, including a security right established in the instant real estate, the right to collateral security (2) No. 385,200,000, the maximum debt amount prior to the said donation, and 2, the debtor, B, and the mortgagee Co., Ltd., Ltd., shall be deemed the Bank of Korea Standards, which was set forth in the said donation.

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