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(영문) 광주지방법원 2015.09.09 2015나1341
사해행위취소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 8, 2013, the Plaintiff lent KRW 36,00,00 to C for a loan period of 48 months, interest rate of 27.49% per annum, delay damages, 37.49% per annum, and 37.49% per annum for repayment of principal and interest on the loan. The amount of the debt incurred by C as of October 14, 2014, including the principal and interest of the loan, is KRW 40,692,49.

B. On the other hand, on November 22, 2013, the Defendant and C drafted a notarial deed for a monetary loan for consumption (hereinafter “instant authentic deed”) on November 22, 2013, stating that “The Defendant loaned KRW 79,50,000 to C on August 29, 2013 at the rate of 12% per annum, 20% per annum, and 20% for delay, and C did not immediately object to compulsory execution if the obligation for the loan is not repaid.” On November 22, 2013, the Defendant and C drafted a notarial deed for a monetary loan for consumption (hereinafter “instant authentic deed”).

C. On December 4, 2013, the Defendant, with the title of execution, received a claim attachment and assignment order (No. 2013TTT 20197) on the portion of the claim amounting to KRW 83,907,917 out of the wage and retirement benefit claim against E Co., Ltd. (hereinafter “E”), and accordingly received KRW 66,012,745 in total on two occasions, including April 3, 2014 and April 17, 2014.

C At the time of November 22, 2013, while under the evidence evidence No. 8, C, even though it is recognized that C sold KRW 90,000,00 to H and I on October 27, 2012, it is not possible to acknowledge that C did not pay KRW 56,00,000 to G Bank from July 10, 2012, which is the date of entering into a monetary loan loan agreement of this case, until November 22, 2013, and even after selling the above real estate, C was unable to pay the money that it received a loan and cash service from other financial institutions.

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