1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Occurrence of the preserved claim;

A. The reasoning for the court’s explanation on this part of the joint and several liability obligations based on the credit guarantee agreement concluded by Codefendant B of the first instance court is as stated in Paragraph 1 of the first instance court’s judgment (as stated in Sections 3, 8, and 4 at the bottom of the fourth level). Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Whether the Plaintiff’s claim for indemnity against B may be the secured claim, B, on December 11, 2013, entered into a mortgage agreement with the Defendant regarding the real estate indicated in the separate sheet (hereinafter “instant real estate”) as one’s own ownership (hereinafter “the instant real estate”). On December 11, 2013, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the Defendant on December 11, 2013.

(A) At the time of the above mortgage contract, the Plaintiff’s claim for reimbursement against the Plaintiff was not yet created, but a credit guarantee agreement was concluded between the Plaintiff and the Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “Co-Defendant A”) in the first instance trial, and the loan and credit guarantee was made accordingly, and as the Co-Defendant B was a joint guarantor of the non-party company, there was a legal relationship which has already been established

In addition, since the financial situation has deteriorated from around that time and the credit guarantee accident occurred on May 16, 2014, there was a high probability that B will bear the liability for indemnity in the near future.

In fact, on August 18, 2014 and September 17, 2014, the Plaintiff paid the amount of subrogation under a credit guarantee agreement, which is highly probable, and B bears the obligation of indemnity against the Plaintiff.

Therefore, a joint and several liability claim against B under a credit guarantee contract of the plaintiff can be a preserved claim of creditor's right of revocation.

2. Determination as to whether the B’s disposal act causes insolvent

A. According to the statement of evidence No. 1A7 of the judgment criteria in a series of continuous disposal activities, B is the defendant on December 11, 2013 with respect to the instant real estate.