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 reasons why the court has used for this case for the acceptance of the judgment of the court of first instance are 43.3.

(1) Except as follows, paragraphs (2) are the same as stated in the reasoning of the judgment of the first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. (1) In principle, it is required that the part used in the court below is likely to be protected by the obligee’s right of revocation prior to the commission of an act that could be viewed as a fraudulent act. However, at the time of the fraudulent act, there is a legal relationship which already serves as the basis of the establishment of the claim, and there is high probability that the claim should be established in the near future, and in the near future, the claim may also become a preserved claim in the obligee’s right of revocation in the near future.

Therefore, in the event that a claim for indemnity due to the performance of a creditor's guaranteed obligation did not have yet occurred at the time of the debtor's fraudulent act, but the credit guarantee agreement, which was the basis thereof, was already concluded, and the financial status of the principal debtor had already deteriorated at the time of the fraudulent act, the above claim for indemnity indemnity becomes a preserved claim (see, e.g., Supreme Court Decision 9Da53704, Feb. 25, 2000). As seen in paragraph (2) below, the point at which the fraudulent act was viewed as being April 4, 2014, which was the date of the conclusion of the instant contract for purchase and sale, and the credit guarantee agreement, which was the basis of which the plaintiff's claim for indemnity was not yet occurred, was concluded on July 28, 2010, which was later concluded on July 28, 2010, and was in a credit guarantee accident under B after two to three months after the date of the conclusion of the instant contract.

In addition, in full view of Gap evidence Nos. 7 and 8, and the purport of the entire pleadings as a result of the extension of financial transaction information to the President of the Korea Credit Information Institute, B shall be the case around 2014.