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1. Between the Defendant and D, KRW 4,900,000 on August 7, 2015, and KRW 10,000,000 on December 22, 2015, KRW 6,000 on January 6, 2016, and KRW 4,00 on March 9, 2016.
Reasons
1. Formation of a claim for preservation based on the facts;
A. On January 22, 2009 and June 22, 2010, the Industrial Bank of Korea lent KRW 800,000,000 to D with household ordinary loan loans over three times on three occasions, but not being paid KRW 230,461,059 among them, and transferred all the principal and interest on D to E-company.
E limited liability company transferred this to the plaintiff again and notified the transfer of this to D.
B. On June 2, 2016, the Plaintiff filed a payment order with the Gwangju District Court No. 2016 tea8607 against D seeking the above transfer money, and D filed an objection and implemented the claim for transfer money as the Gwangju District Court No. 2016Gahap58081.
However, D was issued a favorable judgment in favor of the Plaintiff to the effect that “D shall pay to the Plaintiff 240,624,186 won and 230,461,058 won per annum 15% from December 1, 2016 to the date of complete payment,” and that “D shall pay to the Plaintiff the amount calculated by the rate of 15% per annum from December 1, 2016 to the date of full payment,” and the above judgment became final and conclusive as it is, as it is, on January 12, 2017.
C. The amount of principal and interest that D owes to the Plaintiff reaches KRW 269,759,58 as of March 14, 2017.
Transfer of the money of this case
D. D transferred the Defendant’s F Bank H account (hereinafter “instant account”) from his F Bank G account to the Defendant’s F Bank H account (hereinafter “instant account”) on August 7, 2015, KRW 24,900,000 on December 12, 2015, KRW 6,000,000 on January 6, 2016, and KRW 6,000,000 on January 6, 2016, and KRW 24,90,000 on March 9, 2016.
(hereinafter referred to as "the money of this case"). 【No dispute exists, Gap evidence 1, Gap evidence 2, Gap evidence 4, and Gap evidence 8, the purport of the whole pleadings and arguments.
2. The parties' assertion
A. In the first place of Plaintiff 1, D: (a) donated the instant monetary amount of KRW 24,900,000 to the Defendant’s account, who is a child under excess of debt, to commit a fraudulent act detrimental to the interests of the general creditors; and (b) thus, revoked the said donation contract.