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1. The gift contract concluded on February 4, 2016 between the Defendant and B is KRW 138,984,179.
Reasons
1. Facts of recognition;
A. A. Around February 10, 2014, the Plaintiff entered into a joint and several guarantee agreement and nonperformance 1) loaned KRW 100 million of the business start-up support fund at the interest rate of 2.9% per annum and 12% per annum (hereinafter “instant first loan agreement”).
(2) On September 22, 2015, the Plaintiff extended a loan to C at the interest rate of KRW 50 million per annum 3.42% per annum and 12% per annum for delay.
(hereinafter “instant Second Loan Agreements”) .3) The Plaintiff, C, and C Co., Ltd. (hereinafter “D”)
Around November 12, 2015, D entered into an agreement to assume the obligation of D to the Plaintiff under the instant loan agreement. B, the representative director of D, was jointly and severally and severally guaranteed the obligation of D within the limit of KRW 180,000,000,000. (4) On January 29, 2016, the Plaintiff provided loans to D at the interest rate of KRW 150,000 per annum 4.47% per annum and damages rate of KRW 12% per annum.
(hereinafter referred to as the “third loan agreement of this case”). B jointly and severally guaranteed the obligation under the third loan agreement of this case in D within the limit of KRW 180 million.
5) From July 2017, D and B failed to perform their obligations under the instant loan agreements, from around July 2017, and as of November 23, 2017, the principal and interest on obligations under the instant loan agreements remains at KRW 270,94,860 in total as KRW 67,45,497, 51,092,323, 152,397,040, respectively, as of November 23, 2017. B donated real estate (hereinafter referred to as “instant real estate”) in the attached list (hereinafter referred to as “instant real estate”) owned by the Defendant, his spouse, around February 4, 2016.
(2) At the time of the donation of this case, the right to collateral security (hereinafter “the right to collateral security”) consisting of the debtor B, the mortgagee, the E, the maximum debt amount, 32.5 million won with respect to the instant real estate at the time of the donation of this case.
This case was established, but this case was in question.