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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On January 7, 2010, the Plaintiff entered into a credit guarantee agreement with I Co., Ltd. (hereinafter “Nonindicted Company”) to guarantee the obligations of loans to the Industrial Bank of Korea of the Nonparty Company (hereinafter “Corporate Bank”) and issued a written credit guarantee.
The non-party company submitted the above credit guarantee certificate and borrowed KRW 470,000,000 from the corporate bank.
B. On January 6, 2011, the Plaintiff entered into a credit guarantee agreement between the non-party company and the non-party company to guarantee the obligation to the F Co., Ltd. (hereinafter “F”), and issued a written credit guarantee.
The non-party company submitted the above credit guarantee certificate and borrowed KRW 950,000,000 from F.
C. B has jointly and severally guaranteed all debts owed by the non-party company to the plaintiff due to the above credit guarantee agreement.
On March 4, 2015, the non-party company was processed in bad faith, and the plaintiff paid 338,698,661 won to the non-party company in subrogation of the non-party company on April 21, 2015 and April 23, 2015.
E. B donated a total of KRW 102,285,630 as shown in the attached list to the Defendant, who is the spouse.
F. At the time of each of the above donations, B owned the Seodaemun-gu Seoul Metropolitan Government apartment No. 580,000,000 won and there were no other active properties. On the other hand, B bears the debt of the maximum debt amount of KRW 159,60,000 against E Co., Ltd., the secured debt of KRW 442,00,00 with respect to F, the secured debt of KRW 360,000 with respect to E Co., Ltd., the secured debt of KRW 360,00 with respect to E Co., Ltd., the secured debt of KRW 247,072,760 with respect to G Co., Ltd., the secured debt of KRW 292,154,234,234, the debt amount of KRW 45,307,329 with respect to F, the debt amount of KRW 29,287,7444,222,000 with respect to E Co., Ltd., more than the debt amount of KRW 1000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination on the cause of the claim.