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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Reasons
1.The following facts are not disputed between the parties, or each entry in Gap evidence Nos. 1 to 6, and 13 (including branch numbers), with a comprehensive view to the whole purport of the pleadings. A.
1) Credit Guarantee Fund Co., Ltd. (hereinafter referred to as “D”) on September 5, 2013
(C) The credit guarantee agreement between the two parties (hereinafter referred to as the “instant credit guarantee agreement”).
(2) On May 5, 2015, C has jointly and severally guaranteed all obligations owed to D under the instant credit guarantee agreement. D has lost the benefit of the due date of the loan owed to the Industrial Bank of Korea due to delinquency in interest, etc. Accordingly, the Korea Credit Guarantee Fund paid KRW 90,763,380 in total to the Industrial Bank of Korea by subrogationing D on June 16, 2015 under the instant credit guarantee agreement, and thereafter collected KRW 276,160 out of the amount of subrogated payment from D.
3) The Credit Guarantee Fund has a claim for indemnity amounting to KRW 92,607,731 (i.e., the amount of subrogated payment for D - KRW 90,763,380 for collection - KRW 276,160,160 for legal procedure costs 2,120,421). (ii) A transaction between C and the Defendant on May 8, 2015 between the Defendant and the Defendant on May 8, 2015, with respect to the purchase amount of KRW 430,00 (hereinafter “instant real property”) for the amount of KRW 752,00,000 for Ansan-si B registered as owner of C (hereinafter “instant sales contract”). On May 11, 2015, the Korea Credit Guarantee Fund concluded a sales contract with respect to the instant real property and completed the registration of ownership transfer to the Defendant on May 11, 2015.
2) At the time of the conclusion of the instant sales contract, C was in excess of the obligation. C. Bankruptcy declaration for C and the Plaintiff’s taking-off lawsuit 1) The Korea Credit Guarantee Fund is the Defendant on the ground that the instant sales contract constitutes a fraudulent act detrimental to C’s general creditors.