logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2020.11.12 2019가단61593
사해행위취소
Text

1. Defendant D’s KRW 28,57,140, Plaintiff B, and C respectively, and each of the said amounts on December 26, 2010, respectively.

Reasons

1. Facts of recognition;

A. Plaintiff A is the spouse of the deceased F, who died on March 28, 2016 (hereinafter “the deceased”), and Plaintiff B and C are the deceased’s children.

B. Around 2010, Defendant D drafted and issued to the Deceased a certificate of borrowed money (Evidence A 4; hereinafter “the certificate of borrowed money”) stating that the deceased will borrow KRW 100 million on December 25, 2010 for the interest rate of KRW 2.5% per month and due date for repayment as of December 25, 2010.

C. On September 12, 2016, Defendant D entered into a donation contract (hereinafter “instant donation contract”) with respect to the real estate recorded in the separate sheet (hereinafter “instant real estate”) which is the only property between Defendant E, his/her husband and wife, and completed the registration of ownership transfer to Defendant E on September 13, 2016.

At the time of the donation contract of this case, three collateral security was set up on the instant real estate as follows. The Defendants repaid the amount of each secured obligation and cancelled it.

G association's 34,830,176 won on September 26, 2016, 10,000 H association's 14,00,065,660 won on September 27, 2016, 10,000 won on September 15, 200,000 won on September 27, 2016, when the amount of debt secured against the mortgagee's maximum debt is revoked.

As of January 1, 2020, the value of the instant real estate as of January 1, 2020, near the date of closing the argument in the instant case, is KRW 69,400,000.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 4, 9, 10, 13 (including additional numbers), Eul evidence Nos. 15, 16, and 17, and Eul evidence Nos. 15, 16, and 17, as a result of this court’s order to submit tax information in the event of the security of the court, the result of fact inquiry about the informatization support of the National Court Administration

2. According to the above facts finding as to the claim against Defendant D (claim for Lending). Defendant D is obligated to pay to Plaintiff A 42,857,140 won ( KRW 100 million x 3/7), Plaintiff B, and C each of the above amounts at the rate of 30% per annum, which is the agreement rate of 28,571,430 won ( KRW 100 million x 2/7) and 30% per annum from December 26, 2010 to the date of full payment.

For this reason,

arrow