1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasoning for this fact is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is cited by the main text of Article 420 of the Civil Procedure Act

2. The Plaintiff asserts that the instant assignment contract constitutes a fraudulent act in which the non-party company disposes of the instant claim in excess of its obligation, such as a credit guarantee accident, and reduces the joint security of ordinary creditors, and thus, it constitutes a restoration to its original state, and the non-party company and the Defendant are obliged to cancel the instant assignment contract concluded on November 28, 201 with respect to the instant claim, and the Defendant is obliged to notify Samsung pre-party that the instant assignment contract was cancelled.

In this regard, the defendant asserts that he is a bona fide beneficiary since he acquired the claim of this case for the purpose of collateral through normal loan, and was unaware of the property status of the non-party company.

3. Determination

A. In a case where a debtor’s act of reducing liability property, thereby inducing or deepening the shortage of common security for general creditors, whether the act constitutes a fraudulent act subject to revocation should be determined by comprehensively taking into account the following circumstances: (a) the subject matter of the act is the weight of the debtor’s entire responsible property in the whole property; (b) the degree of insolvency; (c) the legitimacy of the economic purpose of the juristic act; (d) the reasonableness of the pertinent act, which is the means of its realization; (e) the reasonableness of the act’s duty to perform; and (e) the degree of perception of the party’s risk of the shortage of common security, such as the existence of the debtor’

In addition, the obligor who is in excess of the obligation is entitled to perform the obligation only to some of the creditors.