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(영문) 서울중앙지방법원 2021.03.05 2019가단5317355
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 28, 2015, the Plaintiff filed a lawsuit against C with respect to the claim against C acquired by transfer from D, and rendered a judgment (Seoul Northern District Court Decision 25.45% per annum for KRW 19,84,353 and for KRW 3,621,808, the amount calculated by the rate of 28% per annum from November 7, 2014 to the date of full payment, and for KRW 12,114,018, the amount calculated by the rate of 25.45% per annum from November 7, 2014 to the date of full payment) and the above judgment became final and conclusive around that time.

B. On September 20, 2019, the Plaintiff filed a lawsuit against C with respect to the claim against C acquired from E, and rendered a judgment that “C shall pay to the Plaintiff 9,701,386 won and 4,038,235 won with interest of 39% per annum from October 12, 2018 to the date of full payment” (Seoul Northern District Court Decision 2018Gabu District Court Decision 2018Da374), and the above judgment became final and conclusive around that time.

(c)

On April 18, 2012, F Co., Ltd.: (a) extended KRW 20,600,000 to C for the lending period of KRW 36 months; (b) the lending amount of KRW 29.4% per annum; and (c) the overdue interest rate of KRW 39% per annum; (b) the above claim was transferred in succession to G Co., Ltd., H Co., Ltd., and the Plaintiff; and (c) notified C of

As of June 26, 2020, the principal balance of the above bonds is KRW 6,869,849.

(d)

I Co., Ltd.: (a) on April 25, 2013, extended KRW 3,775,317 to C on April 25, 2015; (b) on April 25, 2015, the maturity date of the loan was determined as 38.26% per annum by autonomy and year; (c) the above claims were transferred in sequence to H Co., Ltd. and the Plaintiff; and (d) each of the above claims was notified to C.

As of June 26, 2020, the principal balance of the above bonds is KRW 3,696,778.

E. K owned real estate listed in the separate sheet (hereinafter “instant real estate”), but died on June 8, 2017, and the heir was the Defendant and C, a child.

F. On August 23, 2019, the Defendant and C are solely the Defendant with respect to the instant real estate.

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