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1. Defendants B and C shall jointly and severally pay to the Plaintiff KRW 55,00,000 and the interest rate thereon from June 1, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff lent KRW 70,000,000 to Defendant B, and the Defendant B repaid KRW 15,000,000 among them.
Accordingly, on May 17, 2016, the Plaintiff and Defendant B entered into a loan certificate with the interest rate of 2% per month for the remainder of 55,000,000 won and the end of August 30, 2016, and Defendant C entered into a joint and several guarantee agreement for the above loan obligation as the husband of Defendant B.
B. Defendant B did not pay interest after June 1, 2016.
C. Defendant C completed the registration of transfer of ownership in Defendant D’s name on the ground of sale as of August 19, 2016 around July 15, 2016, on the real estate listed in the separate sheet, which was owned by Defendant C.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 to 11, each of the items is included in each number, the purport of the whole pleadings.
2. Determination on the cause of the claim
A. According to the judgment of Defendant B and C, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 55,00,000 and damages for delay calculated by the rate of 24% per annum from June 1, 2016 to the date of full payment.
B. Defendant D’s assertion 1) The Plaintiff asserts that the sales contract on July 15, 2016 between Defendant C and Defendant D on the real estate listed in the separate sheet between Defendant C and Defendant D constitutes a fraudulent act and thus, should be revoked within the limit of KRW 55,00,00,00, and Defendant D’s name should also be revoked. Accordingly, the Defendant asserted that the sales contract on the real estate listed in the separate sheet between Defendant C and Defendant D was concluded as of July 15, 2016, not only on July 15, 2016 but also on February 16, 2016. As such, Defendant C entered into a joint and several surety agreement with the Plaintiff and concluded a sales contract on or before May 17, 2016, the said sales contract does not constitute a fraudulent act.