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(영문) 울산지방법원 2015.04.16 2014가합3517
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 27, 2013, the Plaintiff, a company running installment financing business, entered into a loan contract with Nonparty C with a term of KRW 125,00,000 from August 27, 2013 to August 20, 2017, setting the lending period of KRW 125,00,000 as the interest rate of August 27, 2013 to the interest rate of KRW 12.9% per annum, and the overdue interest rate of KRW 24.9%, and the loan contract with Nonparty C as an installment financing contract with a condition that the principal and interest shall be repaid in equal installments for 48 months (hereinafter “instant loan contract”). Nonparty B jointly and severally guaranteed the debt owed to the Plaintiff under the instant loan contract (hereinafter “joint and several surety contract”).

B. C loses the benefit of time due to the failure to repay the principal and interest under the instant loan contract from around December 21, 2013. At the time of entering into the instant donation contract, C’s total sum of the principal and interest on the remainder of the debt owed to the Plaintiff under the instant loan contract is KRW 127,958,204.

C. B, at the time of January 13, 2014, donated to the Defendant, who was the husband, the real estate indicated in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant gift agreement”) and completed the registration of ownership transfer in the Defendant’s future as the receipt of the Ulsan District Court Decision No. 4028, Jan. 14, 2014.

B On April 7, 2014, consultation with the defendant was shared.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, upon entering into the donation contract of this case, C lost the benefit of time under the loan contract of this case and caused the obligation to repay the principal and interest to the Plaintiff. B is deemed to have caused the obligation to pay joint and several sureties to the Plaintiff in accordance with the joint and several sureties contract of this case, and the Plaintiff's joint and several sureties's claim against B is the preserved claim

B. The so-called obligor's bad faith, i.e., the obligor's intent that the obligor should not prejudice the obligee, which is the subjective requirement of the obligee's right of revocation 1 of the existence of fraudulent and intentional intent.

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