대여금
1. Defendant C’s KRW 36,800,000 and the Plaintiff’s annual rate of KRW 5% from February 25, 2011 to July 15, 2014.
1. The Plaintiff’s determination as to the claim against Defendant C lent the sum of KRW 36.8 million to Defendant C from November 17, 2010 to January 25, 201, and the fact that Defendant C agreed to immediately repay it does not conflict between the parties, or that it is recognized by comprehensively taking account of the overall purport of the pleadings in the items in subparagraphs 1 and 2.
Therefore, Defendant C is obligated to pay to the Plaintiff the amount of KRW 36.8 million and to pay 5% per annum as stipulated in the Civil Act from February 25, 2011 to July 15, 2014, the delivery date of a copy of the complaint of this case, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Determination as to the claim against the defendant B
A. (1) Defendant C, who claimed the Plaintiff’s primary claim, borrowed the borrowed money as stipulated in paragraph (1) to use it for a family life, and Defendant B, the spouse, agreed to jointly and severally repay it.
Therefore, Defendant B is jointly and severally liable for the repayment of the borrowed money stated in paragraph (1) with Defendant C.
(2) Although there is no dispute between the parties regarding the fact that Defendant B is the spouse of Defendant C, it is insufficient to recognize that Defendant B agreed to jointly and severally pay the above money, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's above assertion is without merit.
B. (1) On October 20, 2010, Defendant C completed the registration of ownership transfer on the instant real estate on the ground of the instant gift agreement with Defendant B, which was based on the determination of the conjunctive claim (A).
(B) At the time, Defendant C’s active property had been 3193 square meters prior to the Nam-gu Incheon Metropolitan City D (Disposition on November 25, 2013) in addition to the instant real property, and 826.2 square meters of land for a factory in Nam-gu Incheon Metropolitan City E-gu (Disposition on November 20, 2013).
(C) Defendant C does not have any particular positive property at present.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3-1, 2, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings (2) shall be determined as to the claim for revocation of fraudulent act.