(영문) 서울북부지방법원 2015.01.21 2014가단114838

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(영문) 서울북부지방법원 2015.01.21 2014가단114838

사해행위취소

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1. The debt repayment contract concluded on January 21, 2013 between the Defendant and B is within the scope of KRW 15,121,616.

Reasons

1. Facts of recognition;

A. Korea Standards Bank extended a loan of KRW 15 million to B on March 21, 2012, to the effect that the agreement is paid monthly (temporary repayment) and the monthly payment was made. However, on March 6, 2013, the bank lost its interest due to delayed payment of interest, and on July 24, 2013, transferred its claim against B to the Plaintiff on July 24, 2013, and thereafter notified the transfer of the credit to B.

B. On March 6, 2014, the Plaintiff filed a lawsuit against the said B as Seoul Northern District Court Decision 2013Gau315638, and rendered a judgment on March 6, 2014 that “B shall pay the Plaintiff the principal and interest of the loan of KRW 16,423,073 and delay damages for the principal of the loan of KRW 15 million.”

C. However, around January 2013, B referred to that the Defendant had a large amount of obligation to the Defendant, and the Defendant demanded repayment of the obligation to B, on January 21, 2013, B, approved that the Defendant had a total of KRW 84 million amount of loan and interest, and agreed that the Defendant would pay the said obligation until January 28, 2013, and made and issued a notarial deed of a debt repayment contract (quasi-loan for Consumption) stating the purport of accepting compulsory execution (hereinafter “notarial deed of this case”).

(hereinafter referred to as the “instant debt repayment agreement”) D.

On February 1, 2013, the Defendant filed an application with Busan District Court 2013TTT 2819 for the attachment and assignment order of wage claims against B as the title of execution with respect to the Notarial Deed of this case as the title of execution, and the same month.

4. The above court received a seizure and assignment order, and the above order became final and conclusive at that time.

E. From February 13, 2013 to June 24, 2014, the 15,121,616 won was paid to the Defendant pursuant to the above attachment and assignment order.

F. B did not have positive property at the time of entering into the instant debt repayment contract, while it was a small property.

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