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(영문) 서울북부지방법원 2020.07.08 2019가단157243
사해행위취소
Text

1. Defendant B: (a) within the scope of the property inherited from the network E to the Plaintiff; (b) KRW 7,343,277; and (c) KRW 4,182.

Reasons

Basic Facts

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2-1, 2, and 3, it can be acknowledged that FF corporation loaned 6,00,000 won to Dong E (hereinafter the deceased) on April 16, 207 at interest rate of 27.9% per annum (hereinafter the loan of this case). The loan of this case was transferred to the plaintiff on July 26, 2018 through G limited company and H in sequential order, and the principal and interest of this case were transferred to the plaintiff on December 26, 2018. The principal and interest of this case as of December 6, 2019 were totaling 4,182,876 won and interest rate of 7,343,277 causes.

The fact that the Plaintiff filed a claim against the Defendant B had the claim for the instant loan against the Deceased is as seen earlier, and comprehensively taking account of the overall purport of the argument in the statement No. 1, Defendant B, the sole child of the deceased died on June 19, 2018 and succeeded to the deceased’s property. The Defendant B received an adjudication to accept the claim on April 11, 2019 after filing a qualified acceptance report on the inheritance (Seoul Family Court Decision 2019Hu962), and the fact that the assignment notice stating the fact that the instant loan claim was assigned in sequence as above was attached to the duplicate of the complaint of this case and served on the Defendant B.

According to the above facts of recognition, Defendant B, as the inheritor of the deceased, is obligated to pay to the Plaintiff the amount of KRW 7,343,277 of the instant loans and the principal amount of KRW 4,182,876 of the loans within the scope of inheritance from the deceased and delay damages calculated at the rate of 27.9% per annum from December 7, 2019 to the date of full payment, which is the day following the last calculation date of interest.

Comprehensively taking account of the overall purport of the arguments in evidence Nos. 4 through 7 regarding the claim against Defendant D and C (hereinafter, Defendant D, etc.), the real estate indicated in the separate sheet (hereinafter, “the apartment of this case”) owned by the deceased died on March 6, 2016 and the heir, including the deceased and Defendant D, inherited the apartment of this case on March 23, 2016.

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