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(영문) 수원지방법원 2015.02.05 2013가단100992
대여금등
Text

1. Defendant A shall pay to the Plaintiff KRW 63,817,203 as well as 24% per annum from June 4, 2013 to the date of full payment.

Reasons

1. Claim against the defendant A;

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by simple service by publication (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against the defendant Bohrens Co., Ltd.

A. Although the Plaintiff’s assertion A was in excess of his/her obligation as the debtor against the Plaintiff, the Plaintiff sold a motor vehicle indicated in the separate sheet, the sole property of which is the Defendant U.S. (hereinafter “Defendant Company”) to Defendant U.S. Co., Ltd. (hereinafter “Defendant Company”).

Since this is a fraudulent act against the plaintiff, the above trading should be cancelled, and the transfer of ownership should be cancelled.

B. The defendant company asserts that the judgment on the exclusion period argument is unlawful, since the lawsuit on this case was filed after the lapse of one year from the exclusion period.

The date the sales contract between Defendant A and Defendant Company was concluded on November 8, 2012, and the fact that the date of filing the lawsuit was November 19, 2013 is no dispute.

However, there is no circumstance to deem that the Plaintiff had become aware of the fact before November 19, 2012, when the ownership transfer registration was made in the name of the Defendant Company.

Therefore, it is difficult to see that this lawsuit was brought after the lapse of one year from the exclusion period, and the defendant company's assertion on this part is without merit.

C. (1) On September 28, 2012, the Plaintiff loaned KRW 70,00,000 to Defendant A in equal installments, each of which was determined as 60 months of the lending period, 12% per annum, 24% per annum of the overdue interest rate, and 1,57,110 won in repayment method from November 2, 2012 to December 2, 2012.

(2) From January 2, 2013, Defendant A lost the benefit of time due to delinquency in paying the installment of the principal and interest of loan from January 2, 2013, and the remaining balance of the principal and interest remaining as of June 3, 2013 was KRW 82,523,542 (including principal KRW 63,817,203 and interest).

(3) However, Defendant A acquired and owned this vehicle on October 4, 2012, and on November 8, 2012.

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