A. On June 29, 2015, the Plaintiff loaned KRW 20 million to Defendant B Co., Ltd. (hereinafter “Defendant Company”), and Defendant C jointly and severally guaranteed the Defendant Company’s debt amounting to KRW 24 million.

B. The Defendant Company lost the benefit due to the unpaid interest on November 20, 2017, and the aggregate of the principal and interest remaining as of June 25, 2019 is KRW 24,615,285 (i.e., principal amount of KRW 20 million delay damages of KRW 4,615,285).

C. On the other hand, on August 22, 2018, Defendant C donated each real estate (hereinafter “instant real estate”) indicated in the order of its ownership to Defendant D (hereinafter “instant gift agreement”) (hereinafter “instant real estate”). Accordingly, the registration of transfer of shares in the order of Defendant D’s name was completed regarding the instant real estate.

(hereinafter “instant share transfer registration”)

D. At the time of the instant donation agreement, Defendant C did not have any other real estate than the instant real estate at the time of the instant donation agreement, and was more liable than the assets.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. Determination

A. According to the facts of recognition as to the claim against the Defendant Company and the Defendant C, the Defendant Company is obligated to pay the Plaintiff the remaining principal and interest of KRW 24,615,285, and the principal of KRW 20 million from June 26, 2019, which is the following day of the above base date, to October 14, 2019, the delivery date of a duplicate of the complaint of this case, 6% per annum under the Commercial Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment. Defendant C is jointly and severally liable with the Defendant Company to pay them within the limit of KRW 24 million.

B. (1) On June 29, 2015, before the existence of the preserved claim against Defendant D was concluded, the Plaintiff acquired the joint and several surety claim against Defendant C on June 29, 2015, which was prior to the conclusion of the instant gift contract, and thus, the obligee’s right of revocation.