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1. The gift contract entered into on February 6, 2014 between Nonparty B and the Defendant on each real estate listed in the separate sheet is a contract.
Reasons
1. Basic facts
A. The Plaintiff and Nonparty C entered into a guarantee insurance contract on October 6, 1995 (hereinafter “instant guarantee insurance contract”) with the purpose of guaranteeing the payment of the installment when the Plaintiff purchased the automobile from Korea Automobile Sales Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). Nonparty B jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff.
B. According to the instant guarantee insurance contract, when the Plaintiff pays insurance money to the insured due to the policyholder’s failure to perform the contract, the policyholder immediately pays the insurance money to the insured, and if delayed payment, the policyholder shall pay the insurance money by adding damages for delay to the payment, and the damages for delay shall be one year and 365 days from the day following the date of payment of the insurance money to the date of full payment, and the interest rate set by the Plaintiff within the maximum interest rate among the overdue interest rates of the financial institution’s loan under the Banking
C. Since then, the insurance accident occurred because C did not pay the installment, the non-party company claimed insurance proceeds to the plaintiff. On November 1, 1997, the plaintiff paid insurance proceeds to the non-party company KRW 3,224,358.
As of July 13, 2015, the amount of the Plaintiff’s claim for indemnity against C and B is KRW 14,096,527 (i.e., KRW 3,224,358 of the insurance money to be paid plus KRW 10,492,052 of the accrued interest from November 2, 1997 to July 13, 2015, plus KRW 380,117 of the expenses for the preservation of claims).
E. Meanwhile, the Defendant had a loan claim amounting to KRW 19 million against B, and B entered into a donation contract (hereinafter “instant donation contract”) with the Defendant on February 6, 2014 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) for the repayment of the said claim, and completed the registration of ownership transfer on March 4, 2014 by the High Court of Chuncheon District as the Defendant No. 1564, which received on March 4, 2014.
F. Meanwhile, B.