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(영문) 광주지방법원순천지원 2015.01.15 2014가단7371
사해행위취소 등
Text

1. The sales contract concluded on September 12, 2013 between the Defendant and B on the real estate indicated in the separate sheet between the Defendant and B is 62.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff’s claim against B is deemed as the principal debtor C; the husband B and the husband B of C and the head D as the joint and several sureties: (i) KRW 29 million on December 18, 2012 (a loan period: 48 months, loan interest rate of 14.90% per annum, overdue interest rate of 26.90% per annum; and (b) December 20, 2016 as the expiration date of repayment (hereinafter “paragraph (1) loan”).

(2) The loan of KRW 94 million on July 12, 2013 (the loan period: 48 months, the loan interest rate of KRW 16.90 per annum, the interest rate of arrears rate of KRW 28.90 per annum, and July 20, 2017; hereinafter referred to as “port loan”).

2) Each loan was made by C. (1) from February 20, 2014 for a loan, and (2) from March 20, 2014 for a loan, C lost the benefit of time by delaying the repayment of the principal and interest agreed to be repaid each month from March 20, 2014, and accordingly, the balance of the principal and interest unpaid as of April 15, 2014 reaches KRW 27,047,247, and KRW 65,283,549 for a loan.

B. (1) B, including the conclusion of the instant sales contract, was remitted to KRW 36,931,480 from April 201 to July 2012, 201 by the Defendant (B’s wife), D, on September 12, 2013, sold the real estate indicated in paragraph (1) of the Disposition (hereinafter “instant apartment”) to the Defendant at KRW 130 million. Of the down payment, KRW 10 million, the remainder of the down payment was paid by the Defendant before KRW 12,50,000,000,000,000 out of the remainder of KRW 7,3,50,000,000,000,000,000 won, and the remainder was transferred to the Defendant at the time of the instant sales contract (hereinafter “the maximum debt amount”), and the remainder was transferred to the Defendant at KRW 2,06,000,000,000,000,000 for KRW 4,00.

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