The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

1. Basic facts

A. On August 30, 2016, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant insurance contract”) with the effect that the Plaintiff guarantees the repayment of the obligation to pay fees to D Co., Ltd. (hereinafter “D”) from August 15, 2016 to August 14, 2018, with the insurance period of KRW 10,000,000, and from August 15, 2016 to August 14, 2018.

B. On May 23, 2017, D filed a claim against the Plaintiff for insurance proceeds under the instant insurance contract on the ground that: (a) there was a loss to recover KRW 76,793,980 of the fee paid to C, such as the invalidation, revocation, and compensation for liability before or after the year of the insurance contract solicited by C; and (b) the failure to maintain the insurance contract.

Accordingly, on June 28, 2017, the Plaintiff paid KRW 10,000,000 insurance money to D.

(c)

On June 5, 2018, the Plaintiff filed a claim for reimbursement against C with the Seoul Central District Court No. 20123101 before the Seoul Central District Court (hereinafter “Seoul Central District Court”) and issued a payment order on June 5, 2018, “C would pay to the Plaintiff delayed damages of KRW 10,197,260, out of the amount of KRW 10,000,000,” and the payment order was finalized on August 2, 2018.

(d)

On February 6, 2017, Part C sold the instant real estate to the Defendant (hereinafter “instant sales contract”) and completed the registration of transfer of ownership in the name of the Defendant on the following day.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5 through 11, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The creditor's right to cancel the claim that can be protected by the creditor's right to cancel the existence of the preserved claim, in principle, is required to be the occurrence of an act that can be viewed as an act prior to the occurrence of the act. However, at the time of the act, there is a high probability that there is a legal relationship which serves as the basis of the establishment of the claim, and that the claim should be established in the near future, and where the probability is realized in the near future, the claim is also the creditor's right to cancel.