1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance admitting part of the judgment of the court of first instance 2. of the judgment of the court of first instance.

A. In addition to the following cases, the establishment part of a fraudulent act is as stated in the judgment of the court of first instance, and such part is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use]

A. 1) The establishment of a fraudulent act does not constitute a fraudulent act, in principle, unless a debtor in collusion with some of the creditors and makes a repayment with the intent to impair other creditors, unless the debtor performs the repayment in a way that the debtor performs his/her obligations in excess of his/her obligations, and thereby reducing the joint security of other creditors. This also applies to a case where the debtor transfers other monetary claims in lieu of the repayment of the existing monetary obligations (see Supreme Court Decision 2003Da1205, Jun. 24, 2003). In particular, in collusion with some of creditors, it should be proved by the person who asserts that the debtor performed the fraudulent act with the intent to prejudice other creditors. The issue of whether the debtor performed the repayment or the assignment of claims is the actual existence of claims against the debtor, the amount of the debtor and the beneficiary received the repayment or the assignment of claims from the debtor, the relationship between the debtor and the beneficiary, the recognition of the debtor and the beneficiary, the act of the beneficiary before and after the repayment of claims or the transfer of claims, and the circumstances surrounding the assignment of claims.