1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

1. On September 201, the gist of the Plaintiff’s assertion: (a) around three months, the Plaintiff agreed to and lent KRW 25,000,000 to C for the purpose of expanding the restaurant; and (b) around May 23, 2012, C donated KRW 25,00,000 to the Defendant, who is his/her ancillary, as a gift (hereinafter “instant gift agreement”).

The Defendant used the said KRW 25,00,000 as a lease deposit, etc., and leased the said KRW 25,000,000 from D and E, which is located in Seoul, Gangnam-gu, Seoul, 167.6m2 (hereinafter “instant store”), and operated the instant store with the trade name of “G”.

Meanwhile, although C did not own any property other than the above KRW 25,00,000 at the time of donation to the Defendant as above, C performed the donation contract of this case and caused creditors including the Plaintiff to be insolvent without any liability property. As such, C was aware that the contract of this case constitutes a fraudulent act, and C at the time constitutes a fraudulent act, it would prejudice creditors including the Plaintiff as it becomes insolvent. As long as the donation contract of this case constitutes a fraudulent act, it is presumed that the Defendant’s intent is the beneficiary of the donation contract of this case, as long as it constitutes a fraudulent act.

Therefore, the gift contract of this case is subject to cancellation as it constitutes a fraudulent act, and the defendant is obligated to pay 25 million won to the plaintiff and delay damages.

2. Therefore, it is difficult to acknowledge the fact that C and the Defendant donated KRW 25,00,000 to the Defendant as a result of the execution of the instant donation contract, and there is no other evidence to prove otherwise.

Therefore, C donated KRW 25,00,000 to the Defendant as the lease deposit for the instant store.