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1.(a)
Defendant A and Nonparty C in relation to KRW 200,000,000 on January 20, 201, and KRW 50,000,000 on April 17, 2012.
Reasons
1. Basic facts
A. On March 13, 2006, the Korea Deposit Insurance Corporation (hereinafter “Plaintiff”) concluded a credit transaction agreement with D Co., Ltd. (hereinafter “D”) on March 13, 2006, and C under the said credit transaction agreement, jointly and severally guaranteed the amount of KRW 2.86 billion with respect to all obligations owed by D to the Plaintiff by D to the Plaintiff.
B. D received a loan of KRW 2.2 billion from the Plaintiff in accordance with the above credit transaction agreement. As such, D was unable to repay the loan, it lost the benefit by July 2009, and on November 29, 2013, the Gwangju District Court rendered a payment order on “C shall jointly and severally pay KRW 2.86 billion to the Plaintiff with the joint and several guarantors of D and D,” and the above payment order was finalized on March 28, 2014.
C. C was in excess of the obligation around January 20, 201 and April 17, 2012.
C From January 18, 201, in order to receive approximately KRW 250 million from Nonparty E and F to his own account from Nonparty E and F, and on January 20, 2011, transferred KRW 200 million to Defendant A and Defendant B, and terminated the account after withdrawing all of the remainder, and on April 17, 2012, remitted KRW 50 million to Defendant A.
(hereinafter “each of the instant monetary payments”) D.
Defendant A is the kind of punishment of Defendant C, and Defendant B has been married with Defendant C, but has been divorced in around 2001, and has maintained de facto marital relationship again from 2006.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including each number), and the purport of the whole pleadings
2. Defendant B’s defense to the effect that the instant lawsuit was filed with a court, other than the competent court at the time of his domicile, and was unlawful. However, the instant lawsuit on property rights may be brought to the court at the place of his/her obligation to perform his/her duties. The instant lawsuit contains a lawsuit seeking monetary payment, and a pecuniary obligation is a reference obligation.