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1. As to KRW 14,525,683 and KRW 10,070,761 among the Plaintiff, Defendant B shall be the year from August 22, 2019 to the day of full payment.
Reasons
1. The following facts are acknowledged as either of the following facts or acknowledged by the parties, taking into account the following facts: Gap evidence No. 1 to 4 (including the identification number), and the fact inquiry results to the Director of the Court and the head of the D agency, or the purport of the whole arguments in response to the response to the order to submit financial transaction information.
A. Defendant B entered into a credit card subscription agreement with E Co., Ltd. (hereinafter “E”) on June 14, 2016, and was issued a credit card by E, but did not pay the credit card price at any time thereafter, lost the benefit of the time limit for the obligation.
B. On November 17, 2017, E transferred the credit card payment claim against Defendant B to F Co., Ltd. (hereinafter “F”), and the Plaintiff transferred the said claim from F to F on May 15, 2018, and notified the Defendant B of the transfer of claim on behalf of F.
C. As of August 21, 2019, Defendant B failed to pay the sum of KRW 10,070,761 and damages for delay, 4,454,922, as of August 21, 201, KRW 14,525,683, and the agreed damages for delay are 23.5% per annum.
On the other hand, on December 26, 2017, Defendant B entered into a sales contract with Defendant C to sell real estate (hereinafter “instant real estate”) on KRW 68,00,000, which is its sole property (hereinafter “instant sales contract”) and completed the registration of ownership transfer for reasons of the said sale in Defendant C’s future on the same day.
2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff, as the transferee-creditor, the agreed delay damages calculated at the rate of 23.5% per annum from August 22, 2019 to the date of full payment of the principal amount of KRW 14,525,683 in total and the principal amount of KRW 10,070,761 in total.
3. Determination as to the claim against Defendant C
(a) whether a fraudulent act is constituted, it is easy for the obligor to sell and consume real estate which is its sole property;