1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On June 15, 2012, the Plaintiff entered into a credit guarantee agreement with B (hereinafter “instant guarantee agreement”) and B was loaned KRW 42.5 million from the Daegu Bank as collateral for a credit guarantee agreement issued by the Plaintiff.

According to the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation, B shall pay the amount of the guaranteed obligation and the amount of damages, etc. determined by the Plaintiff from the date of repayment to the date of repayment.

B. B failed to pay interest on the above loan, which caused a credit guarantee accident on April 2, 2017. On July 20, 2017, the Plaintiff in Madern Bank subrogated KRW 43,146,686 to the Daegu Bank.

C. On March 31, 2017, B entered into a sales contract to sell the instant apartment (hereinafter “instant sales contract”) with the Defendant, and on the same day, B completed the registration of ownership transfer for the instant apartment to the Defendant.

B was in excess of the obligation at the time of the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the Daegu Livestock Industry Cooperatives, the Central Credit Union, and the Korea Credit Information Institute as a result of the response of each order to submit financial transaction information to the Korea Credit Information Institute, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the establishment of a fraudulent act, the instant guarantee agreement was concluded on June 15, 2012, which was prior to the conclusion of the instant contract, and there was a legal relationship which is the basis for the establishment of a claim for indemnity at the time of the instant contract. On March 31, 2017, which was the date of the conclusion of the instant contract, the Plaintiff subrogated for the obligations on July 20, 2017 due to the occurrence of a credit guarantee accident after the occurrence of a credit guarantee accident. In fact, there was a high probability as to the establishment of a near future claim, and the Plaintiff’s claim for indemnity against B was established in the near future.