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1. The Selection C shall pay to the Plaintiff KRW 80,000,000 per annum from January 1, 2014 to June 11, 2015.
Reasons
1. Basic facts
A. The Defendant and the Selection C are legal couple, and the Selection C completed the registration of transfer of ownership under the name of the Defendant on March 15, 2012, on the ground of a gift agreement dated March 12, 2012 with respect to the instant real estate owned by them (hereinafter “instant gift agreement”).
B. The establishment registration of the instant real estate was completed on August 30, 201, with the maximum debt amount of KRW 208,000,000, and the establishment registration was completed on the basis of termination on the same day as the date on December 13, 2012 after the completion of the registration of ownership transfer under the Defendant’s name with respect to the said real estate, and the establishment registration was completed on the same day on the same day as the maximum debt amount of KRW 286,00,000, B, and the debtor-mortgage-mortgage-mortgage-backed credit cooperative.
C. On August 8, 2013, the Defendant sold the instant Claim 3 to D the purchase price of KRW 150 million, and completed the registration of ownership transfer in the name of D on August 16, 2013.
The designated parties C did not own other real estate than the instant real estate at the time of March 12, 2012, and was in excess of debt.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, and 8, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff asserted 1) from March 21, 201 to May 19, 2011, the Plaintiff loaned a total of KRW 115 million to the Selection C from March 21, 2011 to May 19, 2011. After that, the Plaintiff agreed with the Selection C to have the Selection C receive the claim for the said loan by transfer. On January 21, 2013, the Plaintiff agreed to pay the remainder of the loan at KRW 80 million among the above loan between the Selection C and the Selection. Accordingly, the Selection C is obligated to pay the Plaintiff the amount of KRW 80 million and the delay damages therefrom.