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1. As to KRW 40,640,802 and KRW 40,39,232 among the Plaintiff, Defendant A’s year from August 6, 2014 to August 18, 2014.
Reasons
1. Facts of recognition;
A. On June 29, 201, Defendant A entered into a credit guarantee agreement between the Plaintiff and the Plaintiff with a deposit of KRW 40 million and a guarantee term on June 28, 2012 (after this, extended to June 27, 2014).
B. Defendant A was granted a loan from the National Bank of Korea on the basis of the above credit guarantee agreement, but on May 31, 2014, Defendant A caused a guarantee accident that would lose the benefit of the loan due to the closure of business, and on August 6, 2014, the Plaintiff subrogated to the said financial institution for KRW 40,399,232 (principal interest of KRW 40 million) in accordance with the above credit guarantee agreement.
C. The Plaintiff spent KRW 177,470 to preserve the claim for advance reimbursement, and the additional guarantee fee up to the day preceding the date of subrogation is KRW 64,100, and the rate of delay damages is 12% per annum from September 5, 2013.
Meanwhile, the instant real estate as indicated in the Disposition was originally owned by Defendant A. On March 19, 2014, Defendant A entered into a donation agreement with Defendant B (hereinafter “instant donation agreement”) with respect to each of the instant real estate, and entered into a title transfer registration under Defendant B’s name (hereinafter “instant ownership transfer registration”) on March 19, 2014 with the Daegu District Court Decision 3464, which received on March 19, 2014.
E. Defendant A did not have any property other than the instant real property at the time of entering into the instant gift contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7 (including additional numbers), fact-finding results of fact-finding on the mass production viewing by this court, the purport of the whole pleadings
2. According to the facts of the determination as to the claim against the defendant A, the defendant A shall pay to the plaintiff KRW 40,640,802 (i.e., KRW 40,399,232 of the subrogated amount of KRW 177,470 of the legal procedure cost, additional guarantee fee of KRW 177,470 of the subrogated amount of KRW 64,100 of the subrogated amount of KRW 40,39,232 of the subrogated amount of KRW 60,39,232 of the subrogated amount from August 6, 2014, the date of subrogation, to August 18, 2014, the date of final delivery of the complaint of this case, the agreed rate of KRW