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(영문) 대구지방법원 2017.03.22 2016나10139
사해행위취소
Text

1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay to the Plaintiff KRW 29,414,570, and objection thereto.

Reasons

1. Basic facts

A. 1) B on July 28, 2003, Ethnb loaned KRW 10,185,429 upon entering into a loan transaction agreement with the Japanese bank and borrowed KRW 10,185,429. 2) On September 15, 2005, the Japanese bank transferred the above loan claim against B to the Dongyang Social Co., Ltd., and notified the above assignment of claim to B on October 31, 2005, and the above notification reached B around that time.

3) On December 28, 2005, the Doyang Social Co., Ltd. filed an application with B for payment order under the Daegu District Court Decision 2005 tea32699 on the above transfer money claim. On December 28, 2005, the above court ordered B to pay 11,131,009 won and 10,185,439 won among them to the Social Co., Ltd. and 10,185,439 won per annum from December 16, 2005 to the delivery date of the original payment order, and 20% per annum from the next day to the day of complete payment. The above payment order was served on B on January 11, 2006, and became final and conclusive on January 26, 2006, and Ethyp Co., Ltd received the above transfer of claim from B, Ltd. and notified B of the transfer of claim from B on January 21, 2010.

A L&A loan company filed an application with B for a payment order with the Seoul Central District Court 2015 tea38940 on the basis of the above loan claim, and on August 18, 2015, the said court ordered B to pay the amount of KRW 11,131,009 and KRW 10,185,439 from December 16, 2005 to January 11, 2006; and KRW 20% interest per annum from the next day to the date of full payment.” The above payment order was served on B on August 26, 2015 and finalized on September 10, 2015.

B. The case is one of the real estate listed in the separate sheet of the agreement on division of the inherited property B.

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