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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C was the father of E, the spouse of the Plaintiff, and the Plaintiff and the deceased.
B. Upon C’s request, the Plaintiff paid C KRW 420 million around July 2017, and KRW 330 million around October 2017.
C around August 2017, around 2017, the Plaintiff returned KRW 50 million out of the total amount of KRW 750 million to the Plaintiff.
C. C transferred the total amount of KRW 96 million to the Defendant’s account (new financial investment account number G; hereinafter “instant account”) of the E (KB National Bank Account Number F) that he/she used to transfer from July 17, 2018 to the Defendant’s account (new financial investment account number G; hereinafter “instant account”) with the total of KRW 16 million on July 26, 2018, in the amount of KRW 16 million.
(hereinafter referred to as “instant remittance”), . [The grounds for recognition] of absence of dispute, entry of Gap 1 through 8 (including numbers), the purport of the entire pleadings.
2. The gist of the Plaintiff’s assertion was that the Plaintiff lent a total of KRW 700 million to C. However, C, who was in excess of his/her obligation, donated the amount of remittance to the Defendant via E’s account he/she used.
Such gift contract is a fraudulent act made for the purpose of evading C’s obligations against the Plaintiff. Therefore, the contract should be revoked. The Defendant is obliged to pay the Plaintiff the money stated in the purport of the claim as compensation for value.
3. On the premise that the remittance of this case was made by C with respect to the Defendant, the Plaintiff asserted that such donation was constituted a fraudulent act, and thus, the Plaintiff first considered whether the remittance of this case constitutes the act of donation.
With regard to the claim that the creditor seeking revocation of the fraudulent act is a donation to the debtor's beneficiary, it is argued that the beneficiary has received the payment by subrogation for the debt to be borne by the debtor to the third party.