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1. Defendant B’s KRW 350,000,000 as well as 6.9% per annum from March 21, 2017 to July 28, 2017 to the Plaintiff.
Reasons
1. Determination as to the claim against the defendant B
A. On September 18, 2015, the Plaintiff indicated the claim to Defendant B as KRW 50 million; KRW 50 million on November 2015; KRW 60 million on November 23, 2015; and KRW 350 million on November 23, 2015; and KRW 60 million on November 26, 2015; and KRW 6.9% on interest.
However, Defendant B did not pay interest after March 20, 2017, and did not return the principal. Defendant B is obligated to pay to the Plaintiff the interest calculated at the rate of 6.9% per annum from March 21, 2017 to the delivery date of a copy of the complaint of this case from March 21, 2017, which is the day following the date of the last payment of the loan 350 million won to the day of the delivery of the copy of the complaint of this case, and the delay damages calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc.
(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment based on the deeming that the relevant provisions of Acts apply);
2. Determination as to the claim against Defendant C
A. The Plaintiff entered into a contract with Defendant B on September 18, 2015, 50 million won on November 2015, 2015, 60 million won on November 23, 2015, and 350 million won on November 26, 2015, with interest rate of 6.9% on March 7, 2017 (hereinafter “instant gift contract”), and completed the registration of ownership transfer to Defendant C on March 8, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 5 (including branch numbers, hereinafter the same) and the purport of the whole pleadings
C. 1) Determination 1) The existence of the right to revoke a fraudulent act is as seen earlier that the Plaintiff loaned to Defendant B a sum of KRW 350 million from September 18, 2015 to November 26, 2015. Therefore, each of the above loans extended to Defendant B is a preserved claim.
B) The establishment of fraudulent act (the defendant B at the time of conclusion of the instant gift contract).