1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. On July 14, 2015, the Plaintiff: (a) subrogatedly repaid KRW 60,100,000 of the equipment rental fee from December 2, 2014 to March 2, 2015 to B (hereinafter “B”); (b) acquired the said rental fee claim from C; and (c) notified the transfer of the said claim to B on July 15, 2015.

B. On June 5, 2015, the Defendant purchased an automobile listed in the separate sheet owned by B (hereinafter “instant automobile”), and concluded that B, instead of paying the purchase price, repays the obligation of installment loans to Hyundai Capital Capital Co., Ltd. (hereinafter “Syll Capital”) and pay the earlier termination fee (hereinafter “instant sales contract”), and completed the ownership transfer registration of the instant automobile on the same day.

C. On June 5, 2015, the Defendant repaid the full amount of KRW 11,438,179 in the sum of the principal and interest of loans and the fees for early termination against Hyundai Capital, and cancelled the right to collateral security (mortgage value: 4.660,000 won) established on the instant automobile.

On the other hand, B was suspended from check account transactions since May 8, 2015, and was in excess of obligations at the time of entering into the instant sales contract.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1, 2, 7, 8, 9, 15, 16, Eul evidence Nos. 2, 4, 5-1, 2, 6-1, 2, 9 through 14, witness evidence Nos. 7-1, 2, 9 through 14, witness testimony and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a fraudulent act that causes damage to the general creditors of B within the scope of KRW 1,518,00,000,000 calculated by subtracting the secured claim amount of the Hyundai Capital Security Deposit, which was established on the said motor vehicle from the value of KRW 1,984,00 for the instant motor vehicle.

Therefore, it is primarily claimed for the cancellation of the above sales contract and compensation for the value of 1,518,00 won and the compensation for damages for delay, and the cancellation of the above sales contract and the compensation for the damages for delay.