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(영문) 서울중앙지방법원 2019.10.01 2018가단5165403
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) D is a E Co., Ltd. (hereinafter “E”) on August 23, 2012.

(2) On June 9, 2017, E transferred the above loan claim to the Plaintiff (hereinafter “this case’s loan claim”) and thereafter notified D of the transfer of the claim.

3) As of July 26, 2018, the principal amount of the instant claim for the transfer-price is KRW 8,159,58, and damages for delay is KRW 14,803,910, and KRW 22,963,498. (b) Meanwhile, D and the Defendant (D’s mother) entered into a contract with F on February 22, 2007 to jointly lease the fixed deposit amount of KRW 78,00,000,000, and KRW 24 months (hereinafter “the first lease contract”) with the lessor at the time of returning the deposit after the expiration of the lease, and the lessor paid the deposit to the Defendant only by the joint lessee.”

2) After paying the above lease deposit to F, D began to move-in and reside in the above apartment on March 20, 2007. 3) After the first lease contract was implicitly renewed once, and D removed from the above apartment on March 201.

C. 1) D and the Defendant between I on May 3, 2011, J Apartment-gu, Seoyang-gu, Yongsan-gu (hereinafter “instant apartment”) and J apartment-ho (hereinafter “instant apartment”).

) A contract under which deposit is set at KRW 95,00,000, and the period from June 30, 201 to June 29, 201 (hereinafter “second lease contract”) to be jointly leased (hereinafter “second lease contract”).

(2) D) On June 29, 201, after paying the above lease deposit to I, D began to reside after making a move-in report on the instant apartment, and thereafter the second lease was implicitly renewed once.

1) However, around June 2015, I demanded D to increase the deposit, and D and the Defendant demanded D to do so, as of June 27, 2015, KRW 120,000,000 (hereinafter “the instant apartment”).

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