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. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, except for adding the following judgments, and thus, it is acceptable in accordance with the main sentence of Article

(except for the part against A that is separately confirmed). 2. Additional determination

A. As to the assertion that the preserved claim was not established, the Defendant asserted that the Plaintiff’s claim for indemnity against A, the preserved claim of this case, had occurred on September 1, 2015 following the conclusion of the instant purchase and sale reservation, and the delinquency in the payment charges against the Nonparty Company A began to occur from November 14, 2014, which was four days before the date of the instant purchase and sale reservation and the date of November 14, 2014, which was four days before the instant purchase and sale reservation. In light of the above, the Defendant asserted that the above indemnity claim cannot be the preserved claim in this case.

In principle, a claim that can be protected by the obligee’s right of revocation shall have arisen prior to the commission of an act that can be viewed as a fraudulent act. However, it is highly probable that at the time of the fraudulent act, there has already been legal relations that serve as the basis of the establishment of a claim and that the claim should be established in the near future in the near future, and the claim may also become a preserved claim of the obligee’s right of revocation only where the claim has been realized in the near future

(See Supreme Court Decision 2005Da8286, 8293 Decided September 28, 2006, etc.). As to the instant case, the instant guarantee insurance contract, which serves as the basis for establishing the Plaintiff’s claim for indemnity against the Plaintiff, was already established at the time of the instant purchase and sale reservation, and (i) A began to pay a charge payable under the relevant consignment contract and consignment store agreement with the Nonparty Company from November 14, 2014, prior to the instant purchase and sale reservation, and thereafter, was in arrears with the continued charge until June 7, 2015.