1. As to KRW 3 million and KRW 5,000,000 entered into on August 31, 2010 between the Defendant and B

1. Basic facts

A. The Plaintiff’s loan bonds, etc. 1) The Japanese Savings Bank Co., Ltd. (hereinafter “Japan Savings Bank”)

on April 12, 2007, C Co., Ltd. (hereinafter referred to as “C”)

) On April 12, 2008, 7,400,000 won interest rate of 11% per annum, 25% per annum, the expiration date of the credit extension period, and B guaranteed the above loan obligations against the Japanese Savings Bank. 2) The Japanese Savings Bank filed a lawsuit against C and B seeking payment of damages for delay at the rate of 25% per annum from August 22, 2012 to the date of full payment (Seoul East District Court Decision 201Da63015 Decided August 23, 2013) against the above loan obligations amounting to 12,47,407,360 won, and 5,800,000 won from the date of full payment (Seoul District Court Decision 201Da63015 Decided June 22, 2013). While the lawsuit was pending, the judgment became final and conclusive on April 21, 2013 by the Plaintiff was declared bankrupt by the Japanese Savings Bank.

3) On September 7, 2012, the Japanese Savings Bank was declared bankrupt by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as the trustee in bankruptcy. B. The Defendant and B (the Seoul Family Court 2009ddan33825) in the divorce lawsuit proceedings between the above parties (the above court) and the Defendant and B were divorced around that time due to the final decision on the recommendation of reconciliation made by the above court as of June 4, 2009.

2) B donated KRW 300,000,000 to the Defendant’s national bank account by way of sending it to the Defendant’s national bank account. ② On November 25, 2010, the gift was made by way of sending KRW 5,000,000 to the Defendant’s new bank account (hereinafter referred to as “each of the instant donations”) (hereinafter referred to as “each of the instant donations”).

(3) B) At the time of each donation of this case, not only the time of the donation of this case, but also even thereafter, the small property continues to exceed the obligation exceeding the positive property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3, 4-1, 2-2, the purport of the whole pleadings

2. Determination as to the plaintiff's claim