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(영문) 서울북부지방법원 2017.09.06 2017가단100069
사해행위취소
Text

1. As to KRW 55,516,446 and KRW 16,463,083 among the Plaintiff, Defendant A shall be from November 24, 2016 to the date of full payment.

Reasons

Facts of recognition

The SB Savings Bank set out to Defendant A a loan of KRW 48 months, agreed interest rate of KRW 33.9% per annum, overdue interest rate of KRW 34.9% per annum, ② August 25, 2014, KRW 60 months, agreed interest rate of KRW 23.9% per annum, ③ on January 7, 2014, KRW 48 months, agreed interest rate of KRW 29.9% per annum, ③ on January 7, 2014, KRW 7,000 per annum, KRW 39% per annum.

The Fair Savings Bank Co., Ltd (hereinafter “Fair Savings Bank”) established a loan of KRW 36 months, interest rate of KRW 18.2% per annum, and interest rate of KRW 30.2% per annum on January 6, 2014.

The Korean Standards Bank set a loan amount of KRW 47,00,000 on March 30, 2012 to Defendant A by March 25, 2017, with the overdue interest rate of KRW 18% until March 25, 2017.

The above lending bank transferred the loan to the Plaintiff and notified the Defendant A of the transfer of the credit when Defendant A lost the benefit of time due to the delinquency in payment of interest.

As of November 23, 2016, ① the above, ② the loan claims amounting to KRW 16,463,083, interest amounting to KRW 6,586,431, ③ the loan claims amounting to KRW 5,222,03, interest amounting to KRW 222,03, interest amounting to KRW 2,502,03, ④ the loan claims amounting to KRW 2,504,706, interest amounting to KRW 828,227, ⑤ the loan claims amounting to KRW 18,043,304, interest amounting to KRW 3,845,569, and KRW 5,516,466 remain.

On May 2, 2002, Defendant A acquired ownership by winning a successful bid for the real estate listed in the separate sheet (hereinafter in this case’s real estate). On August 6, 2015, Defendant A entered into a donation agreement with Defendant B and C, which is the parent with respect to the instant real estate, which is the only property owned by Defendant B and C, and completed the registration of ownership transfer for each of Defendant B and C’s shares on August 12, 2015.

On the other hand, the instant real estate was established on March 20, 2013, No. 143,00,000 won (the maximum debt amount No. 143,00,000) and No. 46,80,000 won (the maximum debt amount) in the name of Hyundai Capital, the mortgagee of the right to collateral security (the right to collateral security) on April 22, 2013. However, the instant real estate was established on August 20, 2015, which was subsequent to the registration of ownership transfer due to the said donation.

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