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(영문) 서울북부지방법원 2016.12.15 2016가단127623
사해행위취소
Text

1. Defendant A shall pay to the Plaintiff KRW 4,399,079 and KRW 2,829,170 among them, 39% per annum from June 7, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On September 26, 2013, Tae River Loans Co., Ltd. 1) leased KRW 4,00,000 to Defendant A at interest rate of KRW 36.9% per annum, overdue interest rate of KRW 39% per annum, and 36 months per maturity date of loan. On April 28, 2015, the aforementioned loan claims were transferred to the Plaintiff on April 28, 2015. As of June 6, 2016, the principal amount of KRW 2,829,170 and interest of KRW 1,569,90 remain. 2) The K Savings Bank lent KRW 9,00,000 to the Plaintiff on September 27, 2013, the K Savings Bank lent KRW 34.9% per annum, interest rate of KRW 36 months per annum, and loan period of KRW 36 months on September 14, 2014.

On November 26, 2015, the Plaintiff filed an order against the Defendant A to pay the payment amount of KRW 8,942,575, which was calculated by the ratio of KRW 34.9% per annum to KRW 34.9% per annum from November 12, 2015 to the full payment of KRW 6,925,361, and the said order was finalized on December 16, 2015.

B. Consultation on division of inherited property 1) Each real estate listed in the separate sheet (hereinafter “instant real estate”).

As C died on January 17, 2015, Defendant A, D, E, and F, the denying Defendant B and their children, jointly inherited the property. (ii) On May 14, 2015, the co-inheritors, including the Defendants, agreed to divide the inherited property owned by Defendant B (hereinafter “instant division agreement”), and accordingly, on May 19, 2015, the registration of ownership transfer was completed in the future on the instant real property.

C. Defendant A’s financial status of Defendant A is without any particular active property at the time of the instant division consultation, with the obligations of KRW 5,137,00 in the lot Capital; KRW 6,925,00 in the lot Capital; KRW 73,000 in the Samsung Card; KRW 3,346,00 in the tugboated Mutual Savings Bank; KRW 3,364,00 in consideration in the tugboated Mutual Savings Bank; KRW 3,364,00 in consideration; KRW 5,428,00 in the Hyundai Capital Co., Ltd.; KRW 2,969,00 in the Nonghyup Bank; and KRW 2,829,170 in the Plaintiff.

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