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(영문) 전주지방법원 2021.01.13 2019가합2369 (1)
사해행위취소
Text

Defendant B shall pay to the Plaintiff KRW 425,506,848 and the interest rate of KRW 20% per annum from January 17, 2018 to the day of full payment.

Reasons

1. The Plaintiff’s judgment as to the claim against Defendant B on May 28, 2015 determined that interest of KRW 600 million shall be paid KRW 179,504,000 in total on 13 occasions every two months from July 30, 2015 to KRW 13,808,00,000. The maturity period shall be September 30, 2017; the overdue interest rate shall be 20% per annum; or it may be recognized by comprehensively taking into account the purport of the entire pleadings in the statement in subparagraph 2.

Meanwhile, the Plaintiff received all of the above interest from the above Defendant; 10,00,000 won on December 28, 2017; 200,000,000 won on January 16, 2018; 200,00 won on the above amount should be appropriated according to the order of appropriation for the original amount (including delay damages); 30,000 won on the above amount; 20,000 won on the above amount x 20,60,00 won on the above amount x 20,60,000 won on the above amount x 60,00 won on the first of all 6,00 won on the above amount x 60,00 won on the first of all 20,00 won on the date of repayment x 60,000 won on the above amount on the 20,000 won on the first of all 28,017.

However, the Defendant, as alleged by the above Defendant, designated the said money as being appropriated for the repayment of the principal.

Even if the Civil Code Article 479(1) provides, the order of appropriation shall be designated differently from the order of appropriation of the cost, interest, and principal.

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