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1. The contract of donation concluded on May 26, 2014 between the Defendant and B shall be revoked.
2...
Reasons
1. On February 24, 2014, the Plaintiff entered into a credit guarantee agreement with Nonparty B, who operates “C,” and issued a credit guarantee certificate. On the same day, B, under the Plaintiff’s credit guarantee, was loaned KRW 20,000,000,000 from one bank as an enterprise ordinary loan subject.
B On January 28, 2015, a credit guarantee accident occurred due to the closure of a place of business. On April 13, 2015, the Plaintiff subrogated for KRW 20,211,099 on the said bank.
The Plaintiff’s unpaid guarantee fee to be refunded to B is KRW 625,100, and the Plaintiff appropriated it to the principal of the indemnity on the day of the subrogation, and the Plaintiff incurred KRW 205.
On the other hand, the plaintiff paid KRW 2,682 as the legal procedure cost.
B, on May 26, 2014, donated the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by oneself to the Defendant, who is his spouse (hereinafter “instant gift agreement”), and completed the registration of ownership transfer to the Defendant on June 3, 2014.
[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 6 (including branch numbers for those with a serial number), the purport of the whole pleadings
2. Determination
A. According to the facts of recognition as above, the Plaintiff has a claim for reimbursement of KRW 19,58,886 against B (=20,211,099 KRW - 625,100 KRW 2682).
In principle, it is necessary to say that a claim that can be protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, at the time of such fraudulent act, there has already been legal relations that form the basis for the formation of the claim, and there is high probability that the claim should be established in the near future by such legal relations, and in the near future, where a claim has been created with its probability realized in the near future, such
I would like to say.
According to the above facts, the plaintiff's claim for reimbursement against B was confirmed.