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(영문) 서울북부지방법원 2016.07.22 2015가단137388
사해행위취소
Text

1. The gift contract concluded on January 7, 201 between the Defendant and B is KRW 14,783,416.

Reasons

1. Regarding the plaintiff's lawsuit of this case seeking partial revocation of a contract of gift concluded between the defendant and B on the real estate listed in the separate sheet (hereinafter "real estate in this case"), the defendant asserts that the lawsuit of this case filed after the limitation period of one year expires since the plaintiff was sufficiently known at the time when the loan claim against B was transferred to the credit service provider, and that the lawsuit of this case is unlawful. However, the plaintiff's assertion that the plaintiff is a credit service provider, alone, cannot be deemed to have known the fact that the contract of this case was concluded at the time of the acquisition of the claim, and there is no other evidence to prove otherwise. Thus, the defendant's assertion is without merit.

2. Judgment on the merits

A. 1) On August 13, 2009, Tae River Loans Co., Ltd. lent KRW 4 million to B with interest rate of KRW 48.96% per annum and due date of repayment on August 13, 2012. On December 29, 2010, ELC loans transferred the above loan claims to ELC loan Co., Ltd., and on June 19, 2014, ELC loans transferred the above loan claims to the Plaintiff again on June 19, 2014. 2) The Plaintiff filed a lawsuit claiming for the amount of transfer from the Seoul Northern District Court Decision 2015Da205209, and on March 18, 2015, from the above court, “B was paid to the Plaintiff at the rate of KRW 10,644,719 and KRW 3,543,574, which was determined to be paid at the rate of KRW 48% per annum from August 23, 2014 to hereinafter.

3) As of April 27, 2016, claims based on the decision on the acquisition amount remain in KRW 14,783,416, including the principal amount of KRW 3,543,574, interest or delay damages, KRW 11,239,842, and KRW 4,783,416. (4) B donated the instant real estate, which is the only property to the Defendant, one of its wife (hereinafter “instant donation”), and completed the registration of transfer of ownership to the Defendant on January 11, 2011.

5. The case.

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