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(영문) 수원지방법원 성남지원 2018.12.18 2018가합677
사해행위취소등
Text

1. Defendant B shall pay to the Plaintiff KRW 550,00,000 and the interest rate of KRW 15% per annum from May 2, 2018 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. According to the reasoning of the judgment as to the cause of the claim, the Plaintiff loaned each of the money stated in B.1 to Defendant B without any dispute between the parties, or by the overall purport of Gap evidence Nos. 2 and 12, and the Plaintiff was obligated to pay KRW 500,000,000 to the Plaintiff for KRW 1.5 billion on March 27, 2012; KRW 1.5 billion on August 17, 2012; KRW 2.5 billion on July 19, 2013; KRW 1.5 billion on July 21, 2013; KRW 1.5 billion on July 25, 2013; KRW 1.5 billion on August 27, 2012; KRW 2.5 billion on July 19, 2013; and KRW 1.5 billion on August 21, 2013; and KRW 1.5 billion on August 24, 2010.

B. The summary of the defense of repayment 1) Defendant B paid a total of KRW 753,674,650 as a repayment for the principal of the loan, as stated in the attached Table 1 sheet. Therefore, Defendant B’s principal obligation of the loan was extinguished as much as the above amount. 2) In full view of the evidence, Gap’s evidence, and evidence Nos. 3 and 4, and the purport of the entire pleadings, the following circumstances are as follows: (i) the total amount of the loan made by the Plaintiff to Defendant B to the Defendant was KRW 1 billion; and (ii) considering that the Plaintiff included part of the loan made by the Plaintiff to the Defendant B without any interest agreement, the Plaintiff’s lending of money to the Defendant B without any interest agreement is against the empirical rule; and (iii) the remainder of money excluding the money paid by the Plaintiff as a repayment from the Defendant B, which was paid by the Plaintiff, was approximately KRW 2 million.

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