A. On January 15, 2016, Nonparty A (hereinafter “debtor”) filed an individual rehabilitation application with Daejeon District Court 2016 Daejeon District Court No. 100375 on January 15, 2016, and was ordered to commence individual rehabilitation on April 28, 2016.

B. On May 29, 2016, the debtor discontinued his/her singing practice room located in Seongbuk-gu, Sungnam-gu, Sungnam-gu and received the lease deposit amount of KRW 20 million from the lessor.

In addition, the Defendant, who is the mother of the obligor, lent money when opening a singing practice room business, paid the above KRW 20 million to the Defendant.

C. The debtor's status as above

The individual rehabilitation procedure described in the port was abolished on April 28, 2017.

On May 1, 2017, the debtor filed an application for bankruptcy with the Incheon District Court 2017Hadan1911, and was declared bankrupt on November 14, 2017, and the plaintiff was appointed as the trustee in bankruptcy on the same day.

[Ground for Recognition] Unsatisfy, Gap evidence 1 to 7

2. The assertion and judgment

A. The payment of KRW 20 million to the Defendant, one’s mother, in the event that the Plaintiff’s assertion becomes insolvent, constitutes a fraudulent act by which the obligor knows that it would compromise bankruptcy creditors, i.e., a fraudulent act, and thus, is subject to the exercise of the avoidance power.

Therefore, the plaintiff exercises the right to set aside against it, and the defendant is obligated to pay the plaintiff the above KRW 20 million to restore it to its original state.

B. (i) The “act of having the knowledge that the debtor would damage the bankruptcy creditor”, which is an act subject to the avoidance as stipulated in Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act, is not only the act of reducing the bankruptcy estate by deviating from the bankruptcy estate of the debtor’s general property, which is the joint security of the total creditor, but also the act of reducing the bankruptcy estate by deviating from the bankruptcy estate. The act of affecting the debtor’s property relationship, such as repayment and provision of security to a specific creditor