The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, in addition to the part concerning which appeal is made or added under Paragraph (2) below, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(Other, the grounds alleged by the Defendant in the appeal do not differ significantly from the allegations in the first instance trial, and even if the evidence submitted in the first instance trial is examined, the first instance judgment is justifiable). The following is added between the 7th instance judgment of the first instance and the 18th judgment of the 7th instance.

In determining B’s fraudulent act bearing joint and several liability for the Plaintiff, the Defendant asserts to the effect that the above claims owned by E, the primary debtor, should also be included in active property. However, in determining whether a legal act by a joint and several surety constitutes a fraudulent act, unless the principal debtor or a third party’s real estate is a case where a creditor has preferential right to payment due to the establishment of a right to collateral security in the name of the creditor, etc. as to the principal debtor or the third party’s real estate in the future, the principal debtor’s general financial ability is not considered (see, e.g., Supreme Court Decisions 2000Da21017, Dec. 8, 200; 2003Da13246, Jul. 8, 2003). As alleged by the Defendant, it is not reasonable to consider in determining whether each of the above general claims of the principal debtor E constitute a fraudulent act between B and the Defendant. The above Defendant’s assertion is without merit.

Although the Defendant, as a central organ, should take an advance measure related to the preservation of claims, such as provisional seizure, by taking into account the credit standing of E, the primary debtor, from time to time, the Defendant neglected such duties for a long time, and the credit accident occurs.