A. On April 23, 2019, A Co., Ltd. (hereinafter “A”) filed a petition for bankruptcy with this court. On May 22, 2019, this court was declared bankrupt and appointed attorneys-at-law as bankruptcy trustee.

According to the above decision, A is a company that imports and distributes freezings mainly. The sales of approximately KRW 11.1 billion in 2012 have decreased to approximately KRW 5.8 billion in 2013, KRW 2 billion in 2018, and exceeded insolvency and liability.

B. A paid the outstanding amount of KRW 58,00,000,000 on April 8, 2019, and KRW 155,00,00,00 on April 10, 201, to the Defendant who traded freezing areas.

(hereinafter “instant act of repayment”). / [Grounds for recognition] without dispute, entry of evidence Nos. 4 and 5, and purport of the entire pleadings

2. The Plaintiff’s assertion that “A” did not repay the obligation of other creditors and immediately filed a petition for bankruptcy with the Defendant’s payment of the outstanding amount. Thus, the instant repayment act constitutes an intentional object as stipulated under Article 391(1) of the Debtor Rehabilitation and Bankruptcy Act.

Therefore, the defendant should return to the plaintiff KRW 213,00,000 ( KRW 155,000,000) and damages for delay.

3. Determination

A. not only the so-called fraudulent act absolutely reduced the debtor's general property, which is a joint security of all creditors, but also the so-called biased act which affects the debtor's property relationship, such as repayment to a specific creditor or provision of a security, and thus makes certain bankruptcy creditors favorable to dividends and is contrary to the fairness with other bankruptcy creditors. However, in order to be recognized as an intentional person, the debtor should have known that the debtor's damage to the bankruptcy creditor as a subjective element.