1.(a)

C The repayment of KRW 25 million to the Defendant on December 20, 2013 shall be revoked.

B. The defendant 2.2

Facts of recognition

The Plaintiff is a creditor who has a claim for precious metal purchase amounting to KRW 265,652,579 against C as of December 20, 2013.

C on December 20, 2013, transferred to the Defendant KRW 25 million and KRW 19 million to the Defendant D (the husband of Defendant B) respectively.

On the other hand, C was in excess of KRW 246.5 million with positive property, KRW 515,652,579 with negative property, and KRW 515,652,579 with positive property.

[Ground of recognition] without any dispute, Gap's statements, Gap's 1 through 4, 6, and 8 (including part number of each defense), the purport of the whole pleadings, and the plaintiff's assertion of judgment C repaid a total of KRW 44 million to the defendant, who is the creditor on December 20, 2013, while the debt exceeds his/her obligation. The act of repayment in excess of his/her obligation constitutes a fraudulent act as an act committed in collusion with the defendant with the intent to prejudice other creditors, and thus constitutes a fraudulent act. Accordingly, the defendant is obligated to pay the plaintiff a total of KRW 44 million and delay damages.

Judgment

C’s decision on the transfer of KRW 19 million to C, and the fact that C transferred KRW 19 million to D on December 20, 2013, which is the Defendant’s husband, does not dispute the Defendant.

However, there is no evidence to acknowledge that the remitted money was paid as the repayment of the obligation owed to the defendant.

Therefore, the plaintiff's claim for revocation of fraudulent act and restitution of the original status as to the portion of KRW 19 million remitted by C to D is without merit.

C according to the facts acknowledged prior to the existence of the preserved claim regarding the act of remitting KRW 25 million, C bears the Plaintiff’s claim for precious metal purchase amounting to KRW 265,652,579 at the time of paying the Defendant KRW 25 million, and thus, the Plaintiff’s claim for precious metal purchase with KRW 265,652,579 against C is a preserved claim for the right to revoke the claim for precious metal purchase.

It is the reason that the creditor of the establishment of the fraudulent act has another creditor as a natural right to claim the repayment of the obligation.