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(영문) 의정부지방법원 2013.10.18 2013나2703
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1.The following facts do not conflict between the Parties:

On October 27, 2005, the Plaintiff leased KRW 100,000,00 to D respectively on January 27, 2006 at the maturity of payment and KRW 3% per month of interest rate, and C jointly and severally guaranteed the above loan obligations against D with respect to the Plaintiff (hereinafter “instant loan obligations”).

B. The Plaintiff received KRW 24,00,000 from D with interest on the instant loan debt amounting to eight months. On February 11, 2011, the Plaintiff received KRW 67,838,762 as to the instant loan debt in the F real estate rental auction case with the district court having jurisdiction over the amount of KRW 2,942 square meters as to the instant loan debt, in the case of the F real estate rental auction case owned by D.

C. On September 5, 2011, C entered into a sales contract for selling each real estate listed in paragraphs 1 through 4 of the attached list of real estate (hereinafter “instant sales contract”) with the Defendant, who is one’s own punishment, and completed each registration of transfer of ownership under the Defendant’s name as the receipt of receipt No. 65579 on September 6, 201 with respect to each of the said real estate.

2. Determination as to the establishment of fraudulent act

A. According to the facts based on the secured claim, interest or delay damages from October 28, 2005 to February 11, 201 after the date when the plaintiff lent D money to D shall be KRW 168,821,917 [= interest or delay damages by 36% per annum from October 28, 2005 to June 29, 2007 before the date when the Interest Limitation Act enters into force, 60,164,383 [the principal = 100,000,00 】 36% per annum 36% per annum 360,000 x 36% per annum 245 days per annum ± 36050, 207, 3605 x 305% per annum 1605, 207, 3605 x 360% per annum 165, 207, 2015].

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