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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The defendant.
Reasons
1. Basic facts
A. The Defendant issued a false tax invoice against B, who is the Plaintiff’s husband, as if the damage claim B, 136,00,000 won, was traded 160,000,000 won to the Seongbuk Electric Power Corporation. The Sungsan Electric Power Corporation submitted the tax invoice to the Industrial Bank of Korea and borrowed KRW 160,000,000 from the small and medium enterprise. On November 9, 2011, the Plaintiff had a damage claim based on the tort that he acquired against B by subrogation of KRW 136,00,000 among them (Seoul Western District Court Decision 2014Gahap40503, May 1, 2015).
B. B, October 8, 2014, the Plaintiff donated the “Yansan-si C Apartment 902 (hereinafter the “instant apartment”) to the Plaintiff. The Defendant asserted that the said gift constituted a fraudulent act and filed a lawsuit against the Plaintiff for revocation of the fraudulent act (U.S. District Court Decision 2015Na102231). In the lawsuit for revocation of the fraudulent act, the court paid KRW 136,000,000 to the Defendant until April 10, 2016, and paid the Defendant with the money added at a rate of 20% per annum. If the Defendant received all of the money from the Plaintiff, the Defendant’s claim against the Defendant’s Seoul Western District Court Decision 2014Ma40503 Decided May 1, 2015, confirmed that there was no claim based on the said judgment, and did not make a decision to recommend a compromise based on compulsory execution.”
C. Meanwhile, on September 17, 2008, B entered into the first credit guarantee agreement with the Defendant, and obtained a loan from the Industrial Bank of Korea on the same day, and on August 28, 2009, entered into the second credit guarantee agreement with the Industrial Bank of Korea on September 28, 2009, and obtained a loan from the Industrial Bank of Korea on September 22, 2009. On August 22, 2015, B caused a credit guarantee accident in which B delayed principal, the Defendant paid KRW 178,578,095 to the Industrial Bank of Korea, on behalf of the Industrial Bank of Korea, and KRW 989,177 by subrogation, and penalty for attempted penalty was 660,570
Therefore, the defendant is 180,227.