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(영문) 서울북부지방법원 2021.01.22 2020가단105897
사해행위취소
Text

1. Defendant B shall pay to the Plaintiff the amount of KRW 10,924,302 as well as KRW 6,000,755 as well as the amount of KRW 10,924,302 from January 24, 202 to the day of full payment.

Reasons

1. Facts of recognition;

A. Defendant B entered into a credit card subscription contract with D Co., Ltd. (hereinafter “D”) on February 12, 2016, and used by obtaining a credit card and received a loan of KRW 5,000,000 on May 10, 2016.

D The Defendant B did not pay the credit card payment debt (including the loan debt), and on August 12, 2019, transferred the credit card payment claim to the Plaintiff and notified the Defendant B of the fact of the transfer of the claim.

B. The Plaintiff’s non-performance of the principal of the non-performance of the obligation against Defendant B and the amount of damages for delay is KRW 10,924,302 as of January 23, 2020. Of these, the principal amount is KRW 6,00,755 (=credit card price of KRW 2,162,885, KRW 3,837,870), and the rate of damages for delay is KRW 23.7% per annum.

(c)

On the other hand, E, the owner of the real estate listed in the separate sheet (hereinafter “the instant real estate”) died on April 14, 2004, and succeeded to the Defendants, children, and F (legal share of inheritance 1/3) this network E (hereinafter “the Deceased”).

On October 24, 2018, the above inheritors agreed on the division of inherited property by Defendant C’s sole ownership of the instant real estate (hereinafter “agreement on division of inherited property”). As to the instant real estate on October 25, 2018, Defendant C’s ownership had become extinct prior to the inheritance on the ground of inheritance by division as of October 25, 2018.

(d)

At the time of the agreement on the division of the instant inherited property, Defendant B had no other property except 1/3 shares in the instant real property (hereinafter “instant inherited shares”) and had been in excess of the debt.

[Ground of recognition] Defendant B: Statement of deemed confession (Article 208(3)2 and Article 150(3) main text of the Civil Procedure Act): Defendant C: Each statement of evidence Nos. 1 through 6 (including branch numbers) of this Court; the result of this Court’s factual inquiry into the administrative office of this Court; the response of financial transaction information to G agencies, as a result of the submission of the order to submit financial transaction information, the purport of the entire pleadings.

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B received the amount of KRW 10,924,302 from the Plaintiff and the principal of said amount.

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