1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

On September 22, 2014, the Plaintiff and C (the representative B; hereinafter referred to as “Nonindicted Company”) concluded a credit guarantee contract with D Bank for the credit guarantee amount of KRW 500 million and the credit guarantee period until September 21, 2015 (hereinafter referred to as “instant credit guarantee contract”) with respect to the obligation to be loaned from D Bank, and B jointly and severally guaranteed the liability for indemnity that Non-Party Company owes to the Plaintiff in accordance with the instant credit guarantee contract.

Since then, among the credit guarantee conditions under the instant credit guarantee contract, the term of guarantee was extended as of September 16, 2015 to September 21, 2016, and as of September 9, 2016 to September 21, 2017, respectively, and B consented to the extension of the respective credit guarantee term.

The occurrence of a guarantee accident and the subrogated non-party company provided a credit guarantee certificate under the instant credit guarantee contract and borrowed KRW 625,00,000 from a D bank, but around January 2017, a guarantee accident (hereinafter “instant guarantee accident”) occurred due to delay in repayment of the said loan. On May 25, 2017, the Plaintiff subrogated to D Bank for KRW 503,214,383 of the non-party company’s loan obligation.

B and the Defendant’s donation contract and ownership transfer registration B entered into a contract on February 2, 2016 (hereinafter “instant donation contract”) with the Defendant, who is the spouse, on the attached list (hereinafter “instant real estate”). On the same day, the Daejeon District Court received the ownership transfer registration (hereinafter “instant ownership transfer registration”) from the Defendant under Article 2212 of the Daejeon District Court’s receipt of the Daejeon District Court’s receipt of the instant real estate.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 10 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings, and Eul, which is insolvent of the plaintiff's assertion, are known to harm its general creditors, and the real estate of this case.