부인권행사
1. The bond transfer and takeover agreement between the defendant and the stock company as of September 5, 2014 regarding the claim stated in the separate sheet between the defendant and the stock company.
1. Basic facts
A. On September 5, 2014, A Co., Ltd. (hereinafter “debtor Company”) concluded a claim transfer and takeover contract (hereinafter “transfer of this case” in the following) with respect to the credit payment claim of the obligor Hyundai item Co., Ltd. (hereinafter “instant items”) with respect to the obligor’s Hyundai item Co., Ltd. (hereinafter “instant items”) and notified Hyundai item of the fact of the transfer of this case to the Defendant as a certified fixed date document around October 2, 2014.
B. Hyundai item deposited KRW 24,420,000, which remains after settling accounts with the debtor company among the above claims, as the Changwon District Court in 2015 gold No. 2367, and this Court C dividend procedure case is under way for the distribution of the above deposit.
C. A debtor company filed an application for corporate rehabilitation with this court 2014hap56. On December 12, 2014, the court rendered a decision to commence rehabilitation procedures pursuant to Article 285 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “DRB”) on March 27, 2015, prior to the order to submit a rehabilitation plan, on the grounds that the liquidation value of the debtor company is higher than the continuous corporate value.
After that, the debtor company filed a petition for bankruptcy with this court 2015Hahap23, and this court declared the debtor company bankrupt on June 16, 2015 and appointed the plaintiff as the trustee in bankruptcy.
[Grounds for recognition] Unsatisfy, entry of Gap evidence 1-6, the purport of the whole pleadings
2. The Plaintiff asserts that the assignment of the instant claim constitutes an act subject to denial under the Debtor Rehabilitation Act, and thus, the assignment of the instant claim is null and void. As such, we examine the legitimacy thereof.
A. The "act that the debtor knows that it would prejudice any bankruptcy creditor", which is an act subject to avoidance under Article 391 subparagraph 1 of the Debtor Rehabilitation Act, is so-called an absolute reduction of the debtor's general property, which is a joint security of all creditors.