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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B entered into a credit guarantee agreement with the Plaintiff on September 22, 2016, and submitted a credit guarantee agreement to grant a loan of KRW 12,00,000 from the Daegu-Gyeongyang Livestock Livestock Livestock Cooperative. However, on April 18, 2017, the Plaintiff paid KRW 10,940,640 to the said cooperative on August 10, 2017 when a guarantee accident occurred due to delay in repayment of principal and interest.
B. Meanwhile, on September 27, 2016, B entered into a mortgage agreement with the Defendant on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) and completed the registration of establishment of a neighboring maximum debt amount of KRW 500,000,000, as the receipt of September 27, 2016, the Daegu District Court No. 61701, Sept. 27, 2016.
【Reason for Recognition】 Each description of evidence Nos. 1 through 7 (including serial number) and the purport of the whole pleadings
2. The plaintiff asserted that, at the time of entering into a mortgage contract with the defendant as to each of the instant real estate, it was highly probable that the claim for indemnity was established due to the occurrence of the future credit guarantee accident with regard to each of the instant real estate between the defendant and the defendant, and the financial standing has deteriorated, so the mortgage contract on each of the instant real estate constitutes a fraudulent act detrimental to the creditor including the plaintiff, and the defendant, who is the beneficiary, is presumed to have been aware that the aforementioned act was a fraudulent act,
3. In light of the judgment, the claim protected by the obligee’s right of revocation should, in principle, be arising before the obligor performs a juristic act for the purpose of property right with the knowledge that it would prejudice the obligee. However, there is a high probability that the legal relationship, which is the basis of the establishment of the claim, has already been established at the time of the juristic act, and that the claim is created in the near future by the fact that the claim is created in the near future.