1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

The scope of the court's trial is dismissed, and only the defendant appealed against the judgment of the court of first instance which accepted the conjunctive claim. Thus, the scope of the court's trial is limited to the defendant's conjunctive claim.

The court's explanation on this part of the facts of the preliminary claim is the same as the part of "1. Basic Facts", which is the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

Judgment

In principle, it is required that a claim protected by the obligee’s right of revocation has arisen prior to the occurrence of an act that can be deemed a fraudulent act. However, at the time of the fraudulent act, there has already been legal relations that form the basis of establishment of the claim, and there is high probability that the claim should be established in the near future by such legal relations. In the near future, where a claim has been established due to its de facto realization in the near future, such claim may also become a preserved claim of the obligee

(see, e.g., Supreme Court Decision 2009Da80705, Apr. 29, 2010). On May 23, 2012, 2012, after the Defendant entered into the instant sales contract, a guarantee accident occurred, and thereafter, the Plaintiff subrogated to a new bank for an obligation for loans for a clean environment.

However, since a credit guarantee agreement was already concluded at the time of the conclusion of the instant sales contract, the legal relationship that forms the basis for the establishment of the claim for indemnity was established, and there was a high probability that the claim for indemnity should be established based on a credit guarantee agreement in the near future in light of the circumstances, such as the occurrence of a guarantee accident in approximately one month from the time of the conclusion of the instant sales contract. In fact, the probability of the Plaintiff was realized, and the Plaintiff is a company in the lux environment.