1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of the claim.

1. Facts of recognition;

A. On May 22, 2015, the Plaintiff issued a credit guarantee certificate to A, setting the credit guarantee principal of the credit guarantee principal, KRW 20,000,000, and the guarantee term as of May 23, 2016, with a credit guarantee for a loan of a financial institution, and issued it to S standard-based bank.

A received a loan with the same content as above on the same day, and on February 1, 2016, it lost the benefit of time due to the occurrence of reasons for the registration of credit management information.

On June 14, 2016, the Plaintiff subrogated 20,099,836 won to the lending bank as principal and interest.

516,677 won remains with the procedural costs for the claim for reimbursement, and 17,260 won for additional guarantee fees were generated.

The rate of damages for delay for subrogation is 12% per annum from April 29, 2015.

B. On June 29, 2015, on the part of the real estate listed in paragraph (1) of the attached Table No. 1, the real estate disposition A entered into a promise to sell and purchase the real estate listed in the attached Table No. 12.19/10, 10.186 shares among the real estate listed in paragraph (2) of the attached Table No. 2, and the attached Table No. 3 through 5, and the Defendant entered into a promise to sell and purchase the real estate. On June 29, 2015, the Suwon District Court and the Suwon District Court and the registration No. 111529 of the provisional registration and the right to claim transfer of the A shares.

A has no property other than the above real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 (including paper numbers), the purport of the whole pleadings

2. At the time of the pre-sale agreement, a credit guarantee agreement was already concluded between the Plaintiff and A, which forms the basis for establishing the claim for indemnity.

On February 1, 2016, A lost the benefit of time in relation to the loan obligations, it was highly probable that the Plaintiff’s claim for indemnity against A would be realized in the near future. In fact, the Plaintiff performed the guaranteed obligation under the credit guarantee agreement on June 14, 2016 and its probability was realized.

The plaintiff's claim for reimbursement against A may be the preserved claim of the obligee's right of revocation.

A's intentional will and the defendant's bad faith are presumed.

On June 29, 2015, the reservation to trade between the defendant and A is a fraudulent act.