1. C’s act of repayment of KRW 80,000,000 to the Defendant on September 2, 2014 shall be revoked.

2. The defendant shall make the plaintiff 80,000.

1. Basic facts

A. On October 28, 2013, the Plaintiff has a claim of KRW 460,00,000 against C by means of a protocol of conciliation of the case involving the names of buildings 2013 and 78 of this Court.

B. On September 2, 2014, C entered into a lease agreement (hereinafter “instant lease agreement”) with D on the lease deposit amount of KRW 80,000,000,000, which is located in Gyeyang-gu, Seoyang-gu, Seoul (hereinafter “instant building”) owned by C, and received a check of KRW 80,000 at face value (hereinafter “instant check”) from D on the same day.

C. C issued the instant check to the Defendant on September 2, 2014, and repaid KRW 80,000,000 to the Defendant for the purchase price of goods.

C was in excess of obligations at the time of September 2, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. As a matter of course, a creditor’s claim for the repayment of an obligation does not interfere with the exercise of his/her right by reason of the existence of another creditor, and as such, a debtor cannot refuse to perform his/her obligation on the ground that other creditor bears the obligation to perform his/her obligation according to the nature of the obligation. As such, even in cases where the debtor’s joint security of other creditors is reduced by repaying his/her obligation to a specific creditor under excess of his/her obligation, such repayment does not constitute a fraudulent act in principle unless the debtor, in collusion with some creditors, intended to harm other creditors, and thereby, did not constitute a fraudulent act. In particular, whether the debtor performed his/her obligation with the intent to harm other creditors in collusion with some creditors ought to be proved by the person who asserts that it constitutes a fraudulent act. This is the amount of the beneficiary’s claim against the debtor, and the amount of the debtor’s repayment received from the debtor.