1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and C entered into a credit guarantee agreement as shown in the attached Table 1, and upon which C borrowed money from D Bank, it would cause delay in interest as described in the attached Table 2 to lose the benefit of time due to delay in payment of interest, the Plaintiff acquired the claim for indemnity against C as of the date of each subrogation by subrogation as stated in the attached Table 2.

B. C sold to the Defendant, who was referred to on December 24, 2018, a vessel listed in the attached list for KRW 42.9 million (hereinafter “instant sales contract”), and the transfer of ownership was completed on the same day to the Defendant.

[Reasons for Recognition] Evidence Nos. 2 through 9, Evidence No. 12-1, 2, 3, 4, and Evidence No. 1, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion and the judgment were in excess of the obligation at the time of the conclusion of the instant sales contract, and thus, the instant sales contract asserted that it constitutes a fraudulent act, and sought compensation for the value of the instant sales contract’s partial revocation and restitution.

In principle, a claim that can be protected by the obligee’s right of revocation needs to be created 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 that serve as 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 due to its realization in the near future, such claim may also become a preserved

(2) As seen earlier, the Plaintiff’s credit guarantee agreement, which forms the basis for the establishment of a claim for reimbursement against C, was concluded at the time of concluding the instant sales contract (Supreme Court Decision 95Da14503, Feb. 9, 196).

Next, at the time of the conclusion of the instant sales contract, the Plaintiff based on the above credit guarantee agreement.