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(영문) 수원지방법원 2017.11.23 2017가합14294
사해행위취소
Text

1. A gift agreement concluded on January 7, 2016 between the Defendant and Nonparty C shall be revoked within the limit of KRW 250,314,546.

2...

Reasons

1. Basic facts

A. The Plaintiff lent KRW 410,000,000 to Nonparty C, who is the Defendant’s husband (hereinafter “instant loan”). As to this, the Plaintiff loaned KRW 140,000 to Nonparty C on June 10, 2010, KRW 140,000 at par value issued by C on June 10, 2010, KRW 31,000 on Promissory Notes and its authentic deeds as of December 31, 2010, ② the same year.

8. 23. 23. Delivery of Promissory Notes issued by C, the par value of which is 120,000,000, and the due date on December 31, 2010, the face value of which is 150,000,000 won issued by C, and the due date on October 31, 2010, respectively.

B. C was unable to fully repay the instant loan by the due date of each of the instant promissory notes, and on July 8, 2013, the Plaintiff and D (hereinafter “D”) established by C around July 8, 2013, instead of partially reducing the instant loan, the Plaintiff agreed to repay the instant loan, and paid KRW 368,000,000 to the Plaintiff by July 8, 2014 (hereinafter “instant agreed amount”), and written an agreement with C and Nonparty E to jointly and severally guarantee the loan.

C. On January 7, 2015, the Seoul Central District Court rendered a ruling that “D, C, and E shall jointly and severally pay to the Plaintiff KRW 306,395,342 and KRW 168,00,000 per annum from July 9, 2014 to August 27, 2014; KRW 5% per annum from December 9, 2014 to January 7, 2015; and KRW 20% per annum from the next day to the date of full payment.” The above ruling became final and conclusive on January 23, 2014.

Since then C, etc. paid part of the amount under the above judgment, the amount of the agreed amount of KRW 250,314,546 = Principal of KRW 231,69,15 = 207,43,659, which was calculated at the rate of 20% per annum from October 15, 2016 to March 27, 2017, which was the filing date of the instant lawsuit.

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