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(영문) 서울동부지방법원 2018.05.11 2017가단103802
사해행위취소
Text

1. Defendant A pays to the Plaintiff KRW 55,303,223 and KRW 27,965,740 among them, starting from January 23, 2017.

Reasons

1. Basic facts

A. On June 12, 2013, Eth Capital Co., Ltd. (1) loaned KRW 30,000,000 to Defendant A for a loan period of 48 months, interest rate of 2.37% per annum, and overdue interest rate of 32.37% per annum. Defendant A from July 20, 2013 to the above loan (hereinafter “instant loan”).

(2) On September 7, 2016, Eth Capital Co., Ltd. transferred the above loan claims against Defendant A to the Plaintiff, and around October 12, 2016, notified the Defendant of the assignment of claims.

3) As of January 22, 2017, the principal and interest of Defendant A’s loan obligations are KRW 55,303,223 (principal principal KRW 27,965,740, interest KRW 27,37,483). (B) Defendant A’s disposal disposition 1) concluded a contract with Defendant B on December 31, 2013 to sell a building (hereinafter “instant real estate”) as the only real estate in its possession at KRW 145,00,000 (hereinafter “instant sales contract”). On the same day, Defendant B completed the registration of ownership transfer under Defendant B’s name.

2) At the time of the instant sales contract, the establishment registration of a neighboring mortgage, which was the maximum debt amount of KRW 73,200,000, was completed in the name of the North Daegu Agricultural Cooperative, and the establishment registration of a neighboring mortgage, which was the maximum debt amount of KRW 52,70,00, was completed in the name of C. (3) Defendant B paid KRW 11,628,750, out of the balance obtained by deducting the secured debt, etc. of each of the above secured mortgage, which was created on the instant real property from the purchase price

C. (1) Defendant B sold the instant real estate to D on May 1, 2014, KRW 142,50,000, and completed the registration of ownership transfer under D’s name on May 8, 2014. On the same day, the registration of ownership transfer was cancelled due to each termination of the registration. (2) Defendant A repaid the interest on the debt of the collateral security loan to North Daegu Agricultural Cooperative by automatic transfer. (3) Defendant A repaid the interest on the debt of the collateral security loan to North Daegu Agricultural Cooperative by automatic transfer. (4) Defendant A paid KRW 61,652,115 on May 8, 2014.

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