logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.08.21 2017가단5070973
사해행위취소 등
Text

1. Defendant A’s KRW 67,900,847 and KRW 51,933,150 among the Plaintiff’s KRW 67,90,847 annually from July 17, 2018 to July 17, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan claim against Defendant A (1) entered into a loan agreement with Defendant A on October 1, 2008, ① loans for general household funds, KRW 30,000,00, interest rate of KRW 6.083% (changing interest rate), credit transaction agreement on October 1, 2028 on July 27, 2010, ② credit transaction agreement on July 27, 2010, KRW 50,000 for loans for small and medium enterprises, interest rate of KRW 4.848% for the loans of KRW 60,00 for the loans of KRW 10,00,000 for the loans of KRW 10,00,00 for the loans of KRW 10,00 for the loans of KRW 30,00,00 for the loans of KRW 50,000,00 for the loans of KRW 10,000,00 for each of the above loans of KRW 10,010 for the loans of KRW 20.10.4.7.

(2) As of July 17, 2018, the Plaintiff’s principal and interest of the loan amounting to Defendant A is KRW 51,93,150 and interest KRW 15,967,697 and KRW 67,900,847. The agreed delay damages rate is KRW 9.040 per annum.

B. On September 29, 2016, Defendant A concluded a mortgage agreement with Defendant B regarding the real estate indicated in the attached list (hereinafter “instant real estate”) on the basis of the obligor A, obligee B, and maximum debt amount of 50,000,000 with respect to the real estate indicated in the attached list (hereinafter “instant real estate”) (hereinafter “mortgage agreement”), and on September 30, 201, Defendant B completed the registration of creation of a neighboring mortgage as Seoul Northern District Court’s receipt of the Dobong District Court’s receipt of KRW 64101.

C. At the time of entering into the instant mortgage contract, Defendant A owned the instant real property equivalent to KRW 145,00,000 at the market price as active property, while Defendant A owned the instant real property at the time of entering into the instant mortgage contract, KRW 13,29,000 (= KRW 12,066,000, KRW 1233,000) on the card (ju) with a small property, and KRW 13,29,000 on the modern card (ju), and KRW 290,015,000 for the Plaintiff (= KRW 21,315,000, KRW 40,000, KRW 26,700,0000).

arrow