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(영문) 수원지방법원평택지원 2013.09.06 2013가단1971
사해행위취소 등
Text

1. The sales contract entered into on March 24, 2008 between the Defendant and B is KRW 24,570,010.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1 to 5; and (c) evidence Nos. 4.

1) On March 13, 2008, Korea Standards Bank Co., Ltd. entered into a credit loan agreement between B and B, which sets forth 20,000,000 won as 10% of the rate of profit on the distribution of CDs in the three-month period, and borrowed the above 20,000,000 won to B. (2) On December 22, 2011, the Plaintiff entered into a credit transfer agreement with the Korea Standards Bank, Inc., and received the said claim.

On February 17, 2012, Korea Standards Bank Co., Ltd. notified the assignment of claims to B, and the notification of the assignment of claims reached B around that time.

3) B did not repay the principal and interest of the above loan claim, and the Plaintiff filed a lawsuit against B as Seoul Eastern District Court Decision 2012Da2245916, Dec. 17, 2012, the above court rendered a judgment that “B shall pay to the Plaintiff 20,571,813 won and 18,597,100 won, whichever is the rate of 20% per annum from November 22, 2012 to the date of full payment.” The judgment became final and conclusive. (4) The Plaintiff’s loan claim against B is KRW 24,570,010 as of April 10, 2013.

B. B’s disposal disposition 1) B is the real estate listed in the separate sheet from C on February 15, 2008 (from the following to the “instant real estate”).

B concluded a sales contract to purchase KRW 106,50,000, and completed the registration of ownership transfer concerning the instant real estate on March 13, 2008.

B In order to pay the purchase price as above, on March 13, 2008, obtained a loan of 61,000,000 won from the Korea Slater Bank Co., Ltd. as collateral the instant real estate, and on the instant real estate, the maximum debt amount of 73,20,000,000 won, and the debtor, B, and the mortgagee.

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