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(영문) 춘천지방법원원주지원 2020.12.04 2020가단51244
사해행위취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s assertion that Nonparty D entered into a credit card transaction agreement with Nonparty E Co., Ltd. (hereinafter “E”) and assumed the credit card user’s liability.

E On April 30, 203, the credit card use-price claim against D (hereinafter “the principal and interest of credit card”) was transferred in sequence to Nonparty F Limited Company (hereinafter “F”), F to Nonparty G Co., Ltd. on March 31, 2008, G Co., Ltd. on December 18, 201, to Nonparty H Co., Ltd., and H Co., Ltd., to the Plaintiff on July 31, 2013, and notified D of the fact of transfer of credit.

On May 23, 2014, the Plaintiff: (a) filed a lawsuit claiming acquisition of principal and interest on the card against D; and (b) filed a claim against D for payment; (c) “D shall pay the Plaintiff 49,202,970 won and 13,782,90 won, whichever is applicable, at the rate of 20% per annum from May 9, 2014 to the date of full payment; (d) the Plaintiff was sentenced by public notice to the effect that all of the Plaintiff won was favorable; and (e) thereafter, the judgment was finalized around that time by public notice; and (e) the Jeju District Court 2015Kadi3732; (e) the same court 2016 Tadi4074; (e) the seizure of claims against D; and (e) the collection order issued on August 19, 2018; and (e) the delivery to D on September 2018, respectively.

On the other hand, the defendant and D agreed on the division of the inherited property of this case, which was already owned by the defendant on March 9, 2015, in excess of debt due to the debt owed to the plaintiff due to the non-party I as a joint heir of the non-party I, which constitutes a fraudulent act that reduces the joint security of the general creditor, and seek the cancellation of the agreement and the return of the original property or the return of cash as the restoration of the original state.

2. The exclusion period Do and defense and the judgment Defendant completed the registration of transfer of ownership on the instant real estate on the ground of the agreement on division of the instant inherited property on March 9, 2015, and the Plaintiff subsequently conducted compulsory execution on D’s general claims over three times thereafter, and thus, the Plaintiff first.

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