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(영문) 청주지방법원 2015.01.22 2014가단159186
사해행위취소
Text

1. As to motor vehicles listed in the separate sheet:

A. A transfer agreement concluded on September 12, 2013 between the Defendant and B.

Reasons

1. Facts of recognition;

A. On March 27, 2003, the Plaintiff’s credit against B (1) B was in arrears with the credit card obtained from the Hyundai Card and used.

On November 10, 2013, Hyundai Card transferred credit card payment claims against B to the Plaintiff, and notified it to B on November 12, 2013.

(2) On November 28, 2013, the Plaintiff filed a lawsuit against B for the claim for the amount of money transferred to the original district court (2013Gau62417), and received a decision of performance recommendation that “B shall pay to the Plaintiff 10,554,435 won and 10,146,600 won, whichever is the rate of 24% per annum from November 21, 2013 to the date of full payment,” and the said decision of performance recommendation became final and conclusive as is.

(3) The credit card payment in arrears in B is 12,860,184 won in total as of August 28, 2014.

B. On September 12, 2013, B, who was the owner of a motor vehicle listed in the list of the registration of the transfer of the name of the motor vehicle (hereinafter “the instant motor vehicle”) against the Defendant, entered into a transfer contract with the Defendant, who was the birth of the said motor vehicle (hereinafter “the instant transfer contract”), and on the same day, registered the transfer of the motor vehicle to the Defendant as the original reception No. 11519.

C. Insolvent B was not only liable for the credit card payment amounting to KRW 10,000,00 for the Hyundai Card as a small property at the time of the instant transfer agreement, but also there was a debt such as a loan obligation of KRW 20,000,000 in total with a national bank, a lot card, etc., and a credit card payment obligation. However, as a positive property, the instant automobile was the only property, and was in excess of the obligation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the original viewing by this court, the Gangwon Credit Guarantee Foundation, the National Bank, and the purport of the whole pleadings

2. Determination

A. According to the existence of the preservation claim and the above recognition, a credit card payment claim against Hyundai Card B at the time of the instant transfer agreement was already established.

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