(영문) 광주지방법원순천지원 2016.06.15 2015가단19333

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(영문) 광주지방법원순천지원 2016.06.15 2015가단19333

사해행위취소

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1. As to real estate listed in the separate sheet:

A. It was concluded on August 10, 2015 between the Defendant and B.

Reasons

1. The following facts are acknowledged as either of the parties to a dispute, or as a result of the response of the submission of tax information to the net market of this court, by considering the overall purport of the arguments as a whole, as a result of the response of the submission of financial transaction information to the President of the Korea Credit Information Institute of this Court:

A. B, around August 20, 2012, after having subscribed as the Plaintiff’s credit card member, obtained a credit card from the Plaintiff and used the credit card, and began to delay payment of the credit card use price, such as installment payments and credit card loans from June 22, 2015.

B. Accordingly, the Plaintiff filed an application against B for a payment order claiming payment of the credit card user fee with this court No. 2015 tea2308, Aug. 2, 2015, the said court issued an order to pay payment order to B, with respect to KRW 24% per annum from July 24, 2015 to the date of full payment, with respect to KRW 23% per annum from July 24, 2015 to the date of full payment, 11,614,794, with respect to KRW 23% per annum from July 24, 2015 to the date of full payment, and from July 24, 2015 to the date of full payment, the payment order was issued to the Plaintiff at each rate of KRW 29.5% per annum from July 24, 2015 to the date of full payment, which became final and conclusive on November 15, 2015 to B15.

C. However, on August 10, 2015, B concluded a mortgage agreement (hereinafter “mortgage agreement of this case”) with the Defendant on the basis of the maximum debt amount of KRW 30 million with respect to the real estate indicated in the order (hereinafter “the instant real estate”) and completed the registration of establishment of a mortgage (hereinafter “registration of establishment of a mortgage of this case”) in the future of the Defendant on the same day.

On the other hand, B had no other assets than the instant real estate at the time of entering into the instant mortgage contract, while the Plaintiff, including the Plaintiff, bears a large amount of financial obligation for the Korea City Bank, Han Card Co., Ltd., and was still in excess of the obligation.

2. The whole of the debtor's assets.

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