1. The part against the defendant of the judgment of the first instance, including the purport of the claim that has been changed in exchange in the trial.

Facts of recognition

On March 31, 2010, the Plaintiff entered into a credit guarantee agreement with A (the first instance court co-defendant A was established after dissolution on October 14, 2013; hereinafter referred to as “A”) with respect to loans for general corporate driving capital to A’s national bank, with a credit guarantee agreement with the term of March 31, 201 (after amendment: March 25, 2016) on the guarantee principal, the credit guarantee agreement with the term of 40,000,000,000, the guarantee principal, and the credit guarantee agreement with the term of 31 March 201 (after amendment: March 25, 2016).

Joint Defendant B of the first instance trial (hereinafter referred to as “B”) jointly and severally guaranteed a debt under the aforementioned credit guarantee agreement for the Plaintiff.

A caused a guarantee accident of the principal in arrears on March 25, 2016, and the Plaintiff subrogated to the National Bank on June 14, 2016 for KRW 9,464,428 of the principal and interest of the corporate ordinary driving capital.

On the other hand, additional guarantee fees under each of the above credit guarantee agreements (=249,860 won) are 416,430 won, and subrogated payment is 474,800 won, and the interest rate on delayed payment is 10% per annum after February 1, 2016.

B On February 11, 2016, where the foregoing guarantee accident occurred, the Defendant entered into a sales contract with the Defendant to sell for KRW 350,000,00 the real estate listed in the separate sheet (hereinafter “instant real estate”) as the only property listed in B (hereinafter “instant sales contract”). On February 29, 2016, the Defendant completed the ownership transfer registration based on the instant sales contract (hereinafter “instant ownership transfer registration”).

[Ground of recognition] In the absence of dispute, entry of Gap evidence Nos. 1 through 8 (including the number of branch numbers; hereinafter the same shall apply), inquiry results on the viewing of the court of first instance, it is reasonable for the debtor to sell real estate, which is the only property, and change the whole purport of the pleading into money that can be easily consumed, barring special circumstances, and the debtor's intent, which is the subjective element of fraudulent act, is the joint security of the claim.