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(영문) 인천지방법원 2019.05.03 2017가합55502
사해행위취소
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 300,000,000 and the interest thereon from September 1, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 31, 2014, the Plaintiff lent KRW 2,000,000 to the Defendant as a loan for small and medium enterprise facilities, from that time to June 8, 2016, a total of KRW 3,946,00,000,000 as listed below, from that time, through eight times until June 8, 2016.

The Plaintiff entered into a credit card use agreement with the Defendant on April 9, 2013, and April 19, 2013, respectively.

As of June 22, 2017, the amount of loans, claims, etc. owed by the Plaintiff against the Defendant is as listed in the following table:

Serial 1: 31. 2,00,00,000,000 2,000,000,000,000 132,4442,00,000 on July 21, 2014; 1; 363,00,00,00 7. 60,00,00 7. 96,00,00,00 7. 96,00,00 7. 96,00,00,00 6. 7. 96,00,00,00,00 7. 96,00,00,00 46. 7. 1,06,06,00,00 49,5,000,58, 389, 384, 204, 205, etc., of small and medium enterprise facilities loans.

B. On June 22, 2017, the Plaintiff filed the instant lawsuit against the Defendant seeking the payment of KRW 300,000,000 out of the said money. On June 29, 2017, the Plaintiff transferred all of the Plaintiff’s respective loans, credit card payment claims, etc. (hereinafter “loans, etc.”) to the Defendant to the Intervenor succeeding to the Plaintiff as prescribed by the Asset-Backed Securitization Act, and the right to collateral related thereto, etc., as prescribed by the Asset-Backed Securitization Act, and notified the Defendant of the transfer on June 30, 2017 and July 4, 2017.

After that, the plaintiff.

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