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1. The contract of donation concluded between the defendant and D on March 11, 2019 shall be revoked.
Reasons
1. Basic facts
A. D, on December 20, 2017, prepared an application for membership of a personal card member and submitted it to the Plaintiff. After obtaining a credit card from the Plaintiff, D began to delay the payment of credit card from April 1, 2019.
B. The credit card price to be paid by D to the Plaintiff is KRW 21,802,457 as of January 7, 2020 (i.e., the credit card amount of KRW 19,954,457, interest of KRW 1,046,332, late payment charge of KRW 801,523).
C. On March 11, 2019, D donated (hereinafter “instant donation”) to the Defendant, who left for sale, the real estate listed in the separate sheet (hereinafter “instant real estate”) which is one of its sole property, to the Defendant (hereinafter “instant donation”), and completed the procedure for ownership transfer registration based on the same date donation.
[Ground of recognition] Uncontentious facts, entry of Gap evidence 1 to Gap evidence 5, purport of whole pleadings
2. Determination
A. The Plaintiff’s claim may be protected by the obligee’s right of revocation, in principle, if it is required that an act that can be viewed as a fraudulent act occurred prior to the commission of the act. However, at the time of the fraudulent act, there has already been legal relations that form the basis of the establishment of the claim, and it is highly probable that the claim should be established in the near future due to its legal relations. In the near future, where a claim has been created due to its realization in the near future, the claim may also become a preserved claim.
(See Supreme Court Decision 2002Da42957 delivered on November 8, 2002). According to the above facts, D had been granted credit card from the Plaintiff before the donation of this case and had been used by the Plaintiff, and thus, D had a liability for the credit card payment. Thus, D’s claim for the preservation of fraudulent act is recognized.
However, some credit card payments claims are deemed to have been established from the date of the instant donation to January 7, 2020. However, there are legal relations that form the basis for establishing claims in the same way as those already established.