The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On May 8, 2014, the Korea Technology Finance Corporation entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Korea Technology Finance Corporation as the guaranteed amount of KRW 40,000,000, and the term of guarantee on May 8, 2015 (the amount which D would have been changed to August 3, 2018 after the guaranteed amount was changed to KRW 20,70,000,00, and the last change to August 3, 2018), and A jointly and severally guaranteed the obligation under the said credit guarantee agreement with D.

B. D obtained a loan of KRW 40,00,00 from the Industrial Bank of Korea on May 8, 2014. On July 16, 2018, D lost the benefit of the loan due to this natural body. On August 3, 2018, an accident of credit guarantee due to delinquency in principal occurred, and the Korea Technology Finance Corporation subrogated the Industrial Bank of Korea to pay KRW 21,019,873 (the principal amount of the loan of KRW 20,70,000, KRW 319,873) on October 5, 2018 in accordance with the credit guarantee agreement in this case.

Under the above credit guarantee agreement, 52,740 won of additional guarantee fee occurred, and the rate of delayed damages determined by the Plaintiff is 10% per annum.

(c)

A on March 22, 2018, the Defendant entered into a sales contract with the attached list (hereinafter “instant real estate”) with the Defendant to sell for KRW 90,000,000 (hereinafter “instant sales contract”). On the same day, A completed the registration of the transfer of ownership of the instant real estate to the Defendant.

(d)

On May 4, 2018, the Defendant concluded a sales contract to sell the instant real estate in KRW 186,50,000 with E and F, and completed the registration of the transfer of ownership to E and F on June 1, 2018.

E. The Korea Technology Finance Corporation filed the instant lawsuit against the Defendant seeking compensation for the cancellation of the instant sales contract and restoration to its original state on the ground that the instant sales contract constitutes an act detrimental to the general creditor of A.

F. A was declared bankrupt on January 8, 2019 by the lower court 10105 at the bottom of 2018 Suwon Friwon, and the Plaintiff was appointed as the administrator of A’s bankruptcy.

2.3.