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. In the first instance court, the plaintiff primarily requested the return of the original object as the revocation of the fraudulent act and its restoration to its original original status, the preliminary revocation of the fraudulent act and its restoration to its original status, and the first instance court dismissed the primary claim, and the second instance court rejected the remainder of the preliminary claim, citing part of the preliminary claim and dismissed the preliminary claim. As the defendant only appealed, the scope of the trial of this court is limited to the preliminary claim.

2. Facts of recognition;

A. On February 20, 2014, the Plaintiff and C Co., Ltd. (hereinafter “C”) entered into a contract for the construction of model houses at the D Regional Housing Association (hereinafter “C”) with the amount of construction cost of KRW 700 million (excluding value-added tax; hereinafter “instant construction cost”).

B. The Plaintiff completed a model house in accordance with the above construction contract, but C paid only KRW 15 million out of the construction price of the instant case.

Accordingly, B, on April 16, 2014, agreed that B, as the representative director of C, jointly and severally guaranteed the debt of KRW 585 million in the balance of the construction cost of C (hereinafter “the instant construction payment”), to pay KRW 585 million to the Plaintiff by July 19, 2014, but B did not comply therewith.

C. B, on November 11, 2014, transferred to the Seo-gu F apartment, Seo-gu, 101 Dong 102, in which he/she is his/her spouse, on the move-in report was filed on January 12, 2015, which was approximately two months after the Defendant’s birth.

In order to receive the instant construction balance, the Plaintiff filed a lawsuit against C and B for the claim for construction payment under the Hongsung Branch of the Daejeon District Court 2014Gahap2034. On October 29, 2015, the said court shall jointly and severally pay to C and B the Plaintiff KRW 585 million, and as to C, 9% per annum from July 20, 2014 to September 15, 2015; 15% per annum from the next day to the date of full payment; and 9% per annum from July 20, 2014 to March 6, 2015; and the next day from the next day to the date of full payment.