1. A donation contract concluded on March 6, 2018 between the Defendant and the Defendant regarding each real estate listed in the separate sheet 1 through 10, and 12.

1. Basic facts

A. On August 10, 2016, the Plaintiff entered into a credit guarantee agreement with B and the guaranteed amount of KRW 190,000,000, and issued a written credit guarantee agreement. B borrowed KRW 200,000,000 from C as security, but began to delay the principal from August 10, 2018.

On November 15, 2018, the Plaintiff subrogated for KRW 191,821,917 of the principal and interest of loans to C Co., Ltd.

B. B entered into a gift agreement with the Defendant, who is his/her spouse, on March 6, 2018 with respect to each real estate listed in the separate sheet 1 through 10, and 12, and completed the registration of ownership transfer under the name of the Defendant on March 7, 2018, and entered into the gift agreement with the Defendant on March 27, 2018 with respect to each real estate listed in the separate sheet 11, and 13 listed in the separate sheet 1 through 13 (hereinafter “instant real estate”), and completed the registration of ownership transfer under the name of the Defendant on March 29, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including a tentative number) and the purport of the whole pleadings.

2. Determination

A. Although the Plaintiff’s claim for indemnity against B, the date of entering into the instant gift agreement, claiming that the Plaintiff is a fraudulent act, around November 15, 2018, the date of entering into the instant gift agreement, the Plaintiff entered into a loan agreement between B and C, which serves as the basis of the claim for indemnity, and the guarantee agreement between B and C, which is the basis of the claim for indemnity, was entered into on August 10, 2016, respectively. The fact that B lost the benefit of time due to delay in payment of principal around five months after the date of entering into the instant gift agreement, as seen above, around August 10, 2018, which was five months after the date of entering into the instant gift agreement. As such, the financial situation of B around the time of entering into the instant gift agreement, seems to have significantly deteriorated.

Therefore, the plaintiff's claim for indemnity against B has already been established before the date of conclusion of the gift contract of this case.