1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. On June 12, 2013, the Plaintiff entered into a credit guarantee agreement with the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) to guarantee the obligation of loans to D Co-Defendant A (hereinafter “D Bank”), and issued, in the future, a credit guarantee agreement with D Bank as of June 12, 2018.

B guaranteed all obligations owed to the plaintiff by the credit guarantee agreement above.

A submitted the credit guarantee certificate and borrowed KRW 50,000,000 from the D Bank.

B. A defaulted on September 13, 2016, and a credit guarantee accident occurred. On January 10, 2017, the Plaintiff subrogated for KRW 19,479,850 to the D Bank.

C. On December 5, 198, the Defendant and B were the legally married couple who completed the marriage report. On September 23, 2016, the report of divorce was completed, and on October 4, 2016, a property division contract was concluded by agreement divorce (hereinafter “instant contract”).

B On October 7, 2016, the registration of ownership transfer was completed for the real estate listed in the attached list in the defendant's future.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including additional numbers), Eul evidence No. 30, the purport of the whole pleadings

2. Determination

A. Although a claim for indemnity against B was not created at the time of the contract of this case, at the time of the conclusion of the contract of this case, the above credit guarantee agreement and the joint and several guarantee agreement between B was already concluded at the time of the conclusion of the contract of this case, and there was a high probability that A, prior to the conclusion of the contract of this case, failed to repay the loan and thus, a claim for indemnity was established in the near future. In fact, the Plaintiff’s claim for indemnity against B can be a claim for avoidance of obligee’s right of revocation for the contract of this case.

B. Division of property by divorce of one fraudulent act has been achieved through the cooperation of both spouses during marriage.