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(영문) 서울북부지방법원 2020.09.18 2019가단147840
사해행위취소
Text

1. As to the Plaintiff, Defendant B’s KRW 12,236,060 and KRW 2,481,213 among them, the period from September 20, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) D Co., Ltd. (hereinafter “Co., Ltd.”) is omitted.

Around October 22, 2014, Defendant B loaned a loan of KRW 20 million at the rate of 48 months, interest rate of KRW 5.9% per annum, and overdue interest rate of KRW 24% per annum to Defendant B. D Company transferred the Plaintiff the above loan claim against Defendant B on August 17, 2018. On July 31, 2019 upon request for a payment order against Defendant B, the Plaintiff agreed to pay the amount of KRW 5,914,685 and the amount of KRW 4,53,852 per annum from June 14, 2019 to the date of full payment. The Plaintiff agreed to pay the amount of KRW 24% per annum to Defendant B on July 26, 2019 (this Court Decision 2019Da6851, May 2, 2015) with the annual interest rate of KRW 90,000 per annum and KRW 105,015.

On April 30, 2018, E Company transferred its lending claims to D Company.

Defendant B entered into a credit card subscription agreement with a FF company on August 12, 2014 and issued a credit card, but later, Defendant B lost the benefit of time due to the failure to pay the credit card price at time.

The F Company transferred the credit card payment claim to the D Company on March 31, 2018.

D Company re-transfers its lending claim and credit card payment claim to the Plaintiff on September 17, 2018, and around that time, notification of transfer pursuant to each of the above assignment of claims reached Defendant B.

3) As of September 19, 2019, ① Claim under the above payment order remains KRW 6,20,779 (= Principal KRW 4,563,852; KRW 1,245,3698); ② Claim for loans of E company is KRW 3,252,927 (= Principal KRW 2,481,213; KRW 771,714); ③ Credit card payment claim of F company is KRW 9,114,133 (= Principal KRW 6,514,010; KRW 2,600,123). (b) The sales contract and the registration of ownership transfer remain in KRW 18,567,839.

B 89 million won.

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