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(영문) 수원지방법원 2020.10.23 2020가단522262
사해행위취소
Text

The plaintiff's primary claim is dismissed.

The defendant shall have the Suwon District Court as to the real estate stated in the attached list.

Reasons

1. Basic facts

A. Nonparty D Co., Ltd (hereinafter “Nonindicted Company”) granted a loan of KRW 2,00,000,000 on July 1, 2016 to Nonparty C with interest rate of KRW 27.9% per annum; and KRW 2,00,000 on November 19, 2016 with interest rate of KRW 27.9% per annum; KRW 8,000,000 on April 19, 2017 with interest rate of KRW 27.9% per annum; and KRW 2,000,000 on February 22, 2018 with interest rate of KRW 24% per annum (hereinafter “instant loan”).

B. From October 16, 2018, C delayed repayment of the principal and interest of the instant loan from October 16, 2018, and accordingly lost the benefit of time.

C. On June 25, 2019, Nonparty Company transferred the instant loan claim to the Plaintiff.

On November 5, 2019, the Plaintiff filed a lawsuit against C seeking the payment of the principal and interest of the instant loan that was acquired as above by Seoul Northern District Court 2019 Ghana81632.

On November 13, 2019, the court rendered a decision on performance recommendation for KRW 16,498,351 as well as KRW 8,60,443 as the interest rate of KRW 27.9% per annum from November 6, 2019 to the date of full payment; KRW 1,987,798 as the interest rate of KRW 23.9% per annum from November 6, 2019 to the date of full payment; KRW 1,996,056 as the interest rate of KRW 24% per annum from November 6, 2019 to the date of full payment; and the said decision on performance recommendation was finalized as is on December 3, 2019.

E. On the other hand, on April 6, 2019, C entered into a contract with the Defendant on the establishment of the right to collateral security (hereinafter “instant contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) in the Defendant’s future, with the maximum debt amount of KRW 60,000,000, and with respect to the right to collateral security (hereinafter “mortgage”), the mortgagee, the Defendant, and the debtor C’s right to collateral security (hereinafter “instant right to collateral security”). On April 8, 2019, on April 8, 2019, C completed the registration of the establishment of the neighboring real estate as the head of Suwon District Court, the registry office of the Suwon District Court, as of April 8, 20

[Reasons for Recognition] There is no dispute, Gap 1 to 1.

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