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(영문) 서울북부지방법원 2015.01.21 2014가단116803
사해행위취소
Text

1. Defendant A shall pay to the Plaintiff KRW 87,509,199 and KRW 79,49,649 out of the above money from June 20, 2014 to the day of full payment.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 to 7, Eul evidence Nos. 2 to 5, 10 to 12, and 18 to 22, and the court's fact inquiry results with respect to the Ministry of Land, Infrastructure and Transport.

(1) The Plaintiff’s credit against Defendant A (1) borrowed a total of KRW 100 million from the Korea Standards Bank on April 12, 2012, including KRW 10 million, and KRW 90 million on July 16, 2012, and entered into a credit card use contract with the said bank on July 9, 2013, and used the credit card of the said bank.

(2) On April 18, 2014, the Plaintiff transferred the above loan claims and credit card payment claims from the said bank, and received delegation of authority from the said bank on April 30, 2014, and notified the Defendant A of the assignment of claims.

(3) As of June 19, 2014, Defendant A’s unpaid loans amounting to KRW 87,406,152 in total, including the principal amount of KRW 79,494,649, interest amount of KRW 7,91,503, and the unpaid card amount is KRW 101,047 in total, including the principal amount of KRW 90,300, interest amount of KRW 10,747.

B. The Defendants were married on June 23, 2005, but the agreement was reached on January 21, 2014. On April 15, 2011, when they were married, they purchased real estate listed in the separate sheet (hereinafter “instant real estate”) at the ratio of 1/2 shares. On July 8, 2013, 201, prior to the divorce, they concluded a contract with the Defendants to donate Defendant A’s shares among the said real estate (hereinafter “instant donation contract”), and completed the registration of ownership transfer for the said shares on the following day.

(2) At the time of the instant donation contract, the market price of the instant real estate was equivalent to KRW 185 million, and at the present, the new bank, a stock company, the maximum debt amount of KRW 120 million (100 million) in the future, and Defendant B, as of April 15, 201, registered the creation of a mortgage and the maximum debt amount of KRW 12 million, as of April 15, 201.

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