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1. The contract of gift mentioned in the table Nos. 2, 4 through 16, and 22 concluded between the defendant and B shall be revoked respectively.
2...
Reasons
1. Basic facts
A. B entered into a credit transaction agreement with the Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) on May 31, 2007, under which (i) the loans for general loans for credit subjects, (ii) the amount of loans KRW 10 billion per annum, (iii) the agreed interest rate of KRW 9% per annum, and (iv) the overdue interest rate of KRW 10 billion per annum; (ii) the loans for general loans for the credit subjects on July 30, 2007, (iii) the agreed interest rate of KRW 5 billion per annum, (iv) the agreed interest rate of KRW 9% per annum, and (v) the loans received KRW 5 billion per annum.
(hereinafter “instant loan”). (b)
Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the plaintiff was appointed as bankruptcy trustee on the same day.
C. As of December 2, 2014, the loan of this case remains in KRW 13,35,060,377, the sum of the principal amount of KRW 5,174,88,076, interest of KRW 8,180,172,301.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The gist of the Plaintiff’s assertion is that Seoul Mutual Savings Bank holds the claim for the principal and interest of the instant loan to B, and that B made a fraudulent act of making a donation of KRW 533,137,910 to the Defendant by depositing money and cashier’s checks into the Defendant’s account or delivering them to the Defendant as shown in the attached Table, the Plaintiff cancelled the claim and sought payment of KRW 533,137,910 due to restitution to its original state.
(hereinafter referred to as "the money of this case" and, when referring to each donated money, referring to "the money of this case" and referring to "the money of this case" in the sequences stated in the attached Table. B.
According to the above facts, Seoul Mutual Savings Bank had a claim for the principal and interest of interest of this case against B prior to the payment of the amount of this case, which is therefore subject to the creditor's right of revocation.
(c) The establishment of a fraudulent act and the case where a debtor donates his own property to another person in excess of his/her obligation is special.