A. Defendant C: (a) from October 19, 2019 to KRW 45,00,000; (b)

B. Defendant D is Defendant C.

A. On August 14, 2018, the debtor A transferred KRW 75,000,000 to E’s account that was operated under his/her spouse’s name and received KRW 30,000,000 from the above E account on August 20, 2018.

B. On October 18, 2018, Defendant C deposited KRW 30,000,000 from the above E account and paid it as payment for D’s debt.

C. On December 19, 2018, the debtor A filed a bankruptcy and application for immunity with the Incheon District Court, and declared the debtor bankrupt with the Incheon District Court 2018Hadan4126.

On the same day, the plaintiff was appointed as the bankruptcy trustee of the debtor A. D.

On August 14, 2018, the obligor A had been in excess of the positive property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. The act of a debtor in excess of his/her obligation, which he/she donated KRW 45,00,00 to Defendant C and repaid his/her obligation to Defendant D amounting to KRW 30,000,00 among them, is subject to avoidance, as stipulated in Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) or “an act of a debtor knowing that his/her obligation would prejudice any bankruptcy creditor” under Article 391 subparagraph 4 of the same Article, or “an act of gratuitous payment or an act of valuable payment that may be presented to the debtor within six months before or after the suspension of payment or a petition for bankruptcy is filed or within

Therefore, the plaintiff exercises the right to set aside, and the defendants are obligated to pay the amount donated to the plaintiff or the amount repaid and the compensation for delay.

B. The so-called fraudulent act that reduces the bankruptcy estate by deviating from the bankruptcy estate the general property of the debtor, which is the joint security of all creditors, is an act subject to avoidance under Article 391 subparag. 1 of the Debtor Rehabilitation Act, not only the so-called fraudulent act, but also the specific creditor.