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(영문) 수원지방법원안양지원 2020.09.16 2019가단110542
사해행위취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 24, 2013, the Plaintiff entered into a loan transaction agreement with C (hereinafter “instant loan agreement”) with the following terms and conditions, and lent KRW 150 million on May 28, 2013.

Loan transaction agreement - Loan implementation method of loan implementation of 1.79% of the yield on financial bonds of the AAAA grade 1 year interest rate: The loan period of KRW 150,000,000 in daily (150,000): May 28, 2013, the expiration date of the loan period of May 28, 2013: The loan interest rate of May 28, 2014 (1 year after approval for handling): The loan implementation method of 1.79% of the yield on financial bonds of the AAA grade 1 year interest rate: to

Repayment Method: To repay in full on the expiration of the loan period.

B. C began to delay the repayment of principal and interest under the instant loan agreement from March 19, 2015, and as of June 7, 2019, C’s balance of C’s loan principal was KRW 88,228,134, and unpaid interest amount was KRW 61,404,245, and overdue interest amount was KRW 5,463,181.

C. C filed an application for individual rehabilitation on May 29, 2014, and accordingly, on May 22, 2015, the decision to commence individual rehabilitation procedure (hereinafter “individual rehabilitation procedure of this case”) was rendered, and the list of individual rehabilitation creditors included claims under the loan agreement of this case by the Plaintiff.

Meanwhile, the Defendant married with C on July 6, 1993, but divorced on December 3, 2014. On March 30, 2016, the Defendant completed the registration of ownership transfer on the ground of property division on March 22, 2016, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”).

(hereinafter “instant disposal disposition”). E.

The instant individual rehabilitation procedure was abolished on March 22, 2018 on the ground that it is evident that C was unable to implement the authorized repayment plan because C did not pay the repayment amount according to the repayment plan.

[Reasons for Recognition] Evidence Nos. 1 through 6, 10 through 14, Evidence No. 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above recognition of the existence of the preserved claim, the plaintiff C.

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