1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the first instance, and such reasoning is cited in accordance with Article 420 of the Civil Procedure Act.

2. The intention to commit fraudulent acts and to injure himself;

A. In principle, it is required that a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, at the time of such fraudulent act, there has already been legal relations which form the basis of the establishment of the claim, and there is high probability that the claim should be established in the near future by such legal relations. In the near future, where a claim has been created because its probability has been realized in the near future, the claim can be exceptionally a preserved claim.

This is because, in the above cases, it is necessary to preserve the responsible property for the creditor and there is a perception that the debtor would prejudice the creditor.

(See Supreme Court Decision 95Da27905 Decided November 28, 1995, etc.). On November 7, 2014, 2014, the credit guarantee agreement between the Plaintiff and the non-party company was concluded, and the non-party company received a loan based thereon. On October 26, 2017, the Plaintiff made a payment by subrogation to the E bank on November 29, 2017 due to the occurrence of a credit guarantee accident on October 26, 2017. As seen earlier, according to each of the evidence Nos. 3 and 8, the non-party company was already delinquent in national tax liability on August 17, 2017, and was in arrears with the interest on the loan to the E bank on September 8, 2017.

According to the above facts, as of May 4, 2017, which was the date of the conclusion of the instant sales contract, there was a high probability that the legal relationship, which is the basis of the establishment of the Plaintiff’s claim for indemnity, had already occurred, and that the claim should be established in the near future legal relationship. In fact, the probability thereof has been realized and the Plaintiff’s claim for indemnity has been claimed.