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1. The plaintiff's main claim is dismissed.
2. On January 2, 2014, concluded between the Defendant and C as to the real estate stated in the separate sheet.
Reasons
1. Facts of recognition;
A. On October 2013, the Plaintiff entered into an agreement with C to purchase materials and supply them to C, and C to supply them to the Plaintiff after making use of the above materials, and the Plaintiff entered into a trade agreement with C to pay the processing cost for the pertinent product.
B. C discontinued transactions and shut down the factory around May 2014 under the status of 120,786,009, where the amount of money was not received from the Plaintiff for the manufacture of the product or for the supply of materials.
C. C entered into a donation contract (hereinafter “instant donation contract”) with the Defendant, the wife on December 3, 2014, with respect to the real estate indicated in the separate sheet (hereinafter “instant apartment”), which is the only property of the Defendant, and completed the registration of ownership transfer as Busan District Court’s receipt No. 79639 on the following day.
At the time of the donation contract of this case, the registration of creation of a mortgage (the maximum debt amount of 141,700,000) was completed on the apartment of this case. However, on December 11, 2014, the Defendant repaid the secured debt of 18,500,000 won, which was after completing the registration of ownership transfer on the apartment of this case.
E. On October 2, 2015, the Plaintiff filed a lawsuit against C for the aforementioned loan and the claim for the purchase of goods with the Busan District Court 2015da40650, and the above court rendered a judgment against C on October 2, 2015 that “The Defendant shall pay to the Plaintiff the amount of KRW 120,786,009 and the interest calculated at the rate of 5% per annum from July 1, 2014 to July 16, 2015, and 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive as is.
(F) The Defendant expressed his intention to appeal against the above judgment in the preparatory document dated October 7, 2015, but has not yet proceeded with the procedure, such as subsequent appeal, until now). C concludes the instant gift contract.