1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

C entered into a general installment financing loan agreement (hereinafter “instant loan agreement”) with BNK Capital Co., Ltd. (hereinafter “BNK Capital”) and CFF Capital Co., Ltd. (hereinafter “CF Capital”) around October 2014, and B jointly and severally guaranteed the instant loan agreement as the husband of C.

On July 31, 2015, the Plaintiff, a company established for the purpose of providing financial and business start-up management consulting, entered into a credit acquisition agreement with BNK Capital to take over KRW 19,858,695 of the claim held by the said company against C under the instant loan agreement. On September 24, 2015 and January 6, 2017, the Plaintiff subrogated for KRW 34,322,608 in total.

The defendant is the friendship B, and the defendant and B are the business entity "D," the purpose of which is "D," the wholesale and retail business of communications equipment located in Pyeongtaek-si, etc. (hereinafter referred to as "the place of business of this case").

A) A joint operation of D, and the current name of D is the Defendant (a fact that there is no dispute over the grounds for recognition, each entry in Gap evidence Nos. 1 through 3, and a summary of the Plaintiff’s assertion of the purport of the entire pleadings, B, on September 11, 2015, of which the business transfer/transfer contract with the Defendant for the purpose of evading the Defendant’s obligations against the Plaintiff in excess of the obligation.”

B’s above act is the act of reducing liability property, which causes or deepens the shortage of common creditors’ security, including the Plaintiff, and thus constitutes a fraudulent act subject to revocation by creditor.

Therefore, the Defendant’s rescission of the instant transfer agreement between the Defendant and B within the limit of KRW 50,000,000 shall be revoked, and the said KRW 50,000 shall be paid as compensation for the equivalent value and the delayed payment thereof shall be claimed.

Judgment

An act detrimental to a creditor entitled to the creditor's right of revocation shall be limited to the subject of a property right.