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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement under the trade name of “D” with B engaged in the manufacturing and selling business of presses, ① the principal of guarantee 85 million won on October 13, 2008, and the term of guarantee 200 million won on October 13, 2009, ② the credit guarantee agreement under the credit guarantee agreement under the credit guarantee agreement as of September 21, 2009 with B as joint and several surety (hereinafter “each of the credit guarantee agreements in this case”) with B as of September 20, 2010, respectively, and B obtained a loan of KRW 100 million in total from the National Bank of Korea (hereinafter “National Bank”) as security each of the credit guarantee agreements.
B. From October 26, 2011, B had not paid interest on a loan to a national bank and caused a credit guarantee accident around November 28, 201. On March 15, 2012, the Plaintiff paid 189,048,207 won by subrogation to a national bank according to each credit guarantee contract of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings
2. Judgment as to the plaintiff's primary claim
A. On May 13, 2013, when the Plaintiff bears the liability for reimbursement under each credit guarantee contract of this case, B and C donated the proceeds from the sale of each real estate listed in the separate sheet owned by B (hereinafter “each real estate of this case”) in the auction procedure at the time to the Defendant, who is a dependent, to be awarded the bid for each of the above real estate. The above donation constitutes a fraudulent act detrimental to the joint security of the general creditors, including the Plaintiff, and thus, the above donation contract between the Defendant, B and C shall be revoked within the limit of 189,09,092,787 won in the amount of the Plaintiff’s claim for reimbursement and its delay damages. Accordingly, the Defendant is obligated to pay the Plaintiff the amount of the claim for reimbursement and its delay damages.
(b) Determination feet, Gap No. 10, 14 numbers.