beta
Text
1. Defendant A shall pay to the Plaintiff the amount of KRW 27,886,255 and KRW 25,845,967, among the above amounts, from May 10, 2014.
Reasons
1. Basic facts
A. Defendant A married with Defendant B on May 31, 199, but divorced on October 29, 2013.
B. From July 29, 2002 to January 27, 2011, the Plaintiff lent money to Defendant A, Defendant A lost the benefit of the due date due to delayed payment of interest on November 27, 2013. As of March 31, 2014, the Plaintiff’s principal and interest of the loan amounted to KRW 27,886,255 (such as interest for delay in the principal of the loan amounted to KRW 2,040,288), as of March 31, 2014.
C. On July 18, 2013, before the agreement is reached, Defendant A donated the real estate indicated in the separate sheet (hereinafter “instant real estate”) as the only property to Defendant B, which was his wife at the time of the agreement, under the name of division of property and consolation money (hereinafter “instant donation agreement”). On the same day, Defendant A completed the registration of transfer of ownership in the name of Defendant B with respect to the instant real estate.
At the time of the donation contract of this case, Defendant A’s active property was equivalent to KRW 132,928,00 of the real estate of this case, and as a small property, Defendant A had a new credit card in addition to KRW 25,845,967 of the Plaintiff’s loan obligation to the Plaintiff, and KRW 300,400,000 of the loan obligation to the City Telecommunication Card, and Defendant A was in excess of the obligation exceeding the positive property.
[Ground of recognition] The facts without dispute, Gap evidence 1 through 4, 8, Eul evidence 2 (including each number; hereinafter the same shall apply), the party examination result against defendant A, the purport of the whole pleadings
2. According to the facts of recognition as to the claim against Defendant A, Defendant A is obligated to pay the Plaintiff the principal and interest of the instant loan of KRW 27,886,255 and the principal of the loan of KRW 25,845,967 as well as damages for delay calculated at the rate of 20% per annum from May 10, 2014 to the date of full payment, which is the day following the delivery of a copy of the instant complaint.
3. Determination as to the claim against the defendant B
A. The claim protected by the obligee’s right of revocation is, in principle, a fraudulent act.