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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the plaintiff's claim
A. 1) The Plaintiff is a corporation for the purpose of manufacturing and selling distilled alcoholic beverages (Skis) and B is a corporation that operates a comprehensive alcoholic beverage wholesale business (hereinafter “C”), and only the Plaintiff is a corporation that operates a comprehensive alcoholic beverage wholesale business.
(2) Since October 15, 2014, C entered into a goods transaction contract with the Plaintiff and received alcoholic beverages, such as skis, from the Plaintiff. B entered into a comprehensive joint and several surety contract for C’s obligations arising out of the said contract.
3) On October 2, 2015, when the Plaintiff and the goods were traded, C had a default on the payment of goods to the Plaintiff on October 2, 2015. Until now, C is a total of KRW 475,667,707, which was not repaid to the Plaintiff. 4) B concluded the instant sales contract with the Defendant on September 17, 2015 with respect to the instant real estate owned by it, and completed the registration of the instant transfer of ownership with respect to the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings
B. As seen earlier, as seen in the Plaintiff’s fraudulent act revocation and restitution claim, the Plaintiff has a claim based on the above joint and several guarantee contract with respect to B, and this may be a preserved claim for creditor’s revocation. In addition, the Plaintiff’s claim protected by the obligee’s right of revocation may be, in principle, a preserved claim for creditor’s revocation. However, it is highly probable to the effect that at the time of the fraudulent act, there has already been a legal relationship that serves as the basis of establishment of the claim, and that the claim should be established in the near future in the near future, and where a claim has been created by realizing the probability in the near future (see, e.g., Supreme Court Decision 9Da53704, Feb. 25, 2000).