beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 12, 2009, a mutual savings bank organized a credit transaction agreement with D Co., Ltd. (hereinafter referred to as E, May 29, 2009) with the credit limit of one billion won (the increase to 4.9 billion won), the agreement rate of 13% per annum, and 25% per annum. On June 11, 2009, the mutual savings bank entered into a credit transaction agreement with E, with the credit limit of three billion won per annum, 13% per annum, and 25% per annum.
C as the representative director of E corporation at the time, each of the above loans obligation was jointly and severally guaranteed.
B. Since then, E was unable to pay the remainder of the principal and interest of a loan without paying only interest until July 27, 2010. As of July 20, 2015, ① as of January 12, 2015, the remainder of the principal and interest of a loan (4,369,121,825 won and delay damages) and KRW 5,762,953,617 won, ② 209;
6. The remaining principal and interest of 2,658,447,176 won and delay damages shall remain 3,60,101,925 won.
C. From July 28, 2010 to March 12, 2015, C transferred KRW 1,111,972,562 in total to the bank account of Defendant A, the wife, by means of account transfer, cash deposit, etc., as indicated in the attached Form 3 payment list, and wired KRW 241,615,00 in total to the bank account of Defendant B (Defendant A and Defendant B (hereinafter “Defendant B”) from October 1, 2013 to June 9, 2014, as indicated in the attached Table 4 payment list.
Since then, Defendant A transferred KRW 633,120,305 to each account, and Defendant B transferred KRW 3877,000 to each account.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings
2. Determination as to the cause of action
A. 1 Plaintiff’s assertion 1 Plaintiff transferred money to the Defendants in excess of debt due to joint and several debt obligations as shown in the attached Tables 3 and 4, to the Defendants.
The above money and C constitute a gift and the part in [Attachment 1 and 2] list equivalent to the difference between the money transferred again from the Defendants, that is, a fraudulent act.