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(영문) 서울북부지방법원 2016.09.30 2016가단109724
사해행위취소
Text

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

A. A donation contract concluded on February 5, 2013 between B and the Defendant.

Reasons

1. Facts of recognition;

A. B entered into a credit card agreement with the Korea CTR Bank Co., Ltd. (hereinafter “SP”) on August 24, 2011, and used the credit card issued by the Nonparty bank.

On September 29, 2014, Nonparty Bank transferred its claim against B to the Plaintiff, and notified the transfer of claim to B on October 21, 2014.

B. Tae River loan Co., Ltd. was lent KRW 4,00,000 to B on June 28, 2012 at the loan rate of 36 months and interest rate of 39% per annum.

On May 9, 2013, Tae River loan Co., Ltd. transferred its claim against ELC Loan Co., Ltd., and around that time, notified the assignment of claim to B.

On June 19, 2014, ELC Loan Co., Ltd. transferred its claim against B to the Plaintiff, and around that time, notified the transfer of claim to B.

C. On January 6, 2015, the Plaintiff filed an application against B for a payment order with respect to the claim that was taken over by the bank from Nonparty 2014 tea 44885, and on January 6, 2015, “B is ordered to pay to the Plaintiff the amount calculated at the rate of 29.9% per annum from December 12, 2014 to the date of full payment, with respect to KRW 4,625,427 and KRW 2,936,612.” The said payment order was finalized on January 29, 2015.

The Plaintiff filed an application against B for a payment order with respect to the claim that was acquired from ELC Loan Co., Ltd., Ltd. on June 1, 2015, the Plaintiff received an order to pay the Plaintiff KRW 7,067,570 and KRW 3,664,952 at the rate of 39% per annum from April 15, 2015 to the full payment order, and the said payment order was finalized on May 27, 2015.

E. Meanwhile, on February 5, 2013, B entered into a donation agreement with the Defendant on each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On the same day, the Defendant completed the registration of ownership transfer on each of the instant real estate as the receipt of the Chuncheon District Court’s original support on February 5, 2013 and the receipt of 556.

F. B is the active property at the time of the above donation contract.

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