부인의 소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasoning for this part of this Court’s reasoning is as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the 1. Basic Facts Act, and thus, it is acceptable in accordance with the main sentence of Article 420 of the
The plaintiff's "the plaintiff" of the 2nd five lines is called "the defendant."
2 The phrase “34,906,202 won” of the 17th line shall be deemed to read “34,906,020 won”.
2 The phrase “2016Hau7019,” of the 18 line, refers to “2017Hau7019,” respectively.
2. The key issue is whether the payment of the electric utility charge in this case by the Defendant constitutes “an act of knowing that the obligor was detrimental to bankruptcy creditors” under Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), and whether the Defendant is bona fide.
3. Legal principles (Supreme Court Decision 2011Da56637, 56644 Decided October 13, 201) include not only the act of reducing the bankruptcy estate by deviating from the debtor's general property, which is the joint collateral of the total creditor, to the bankruptcy creditor, from the bankruptcy estate, but also the so-called biased act that impedes equal distribution among the bankruptcy creditors, as well as the act of reducing the bankruptcy estate by deviating from the debtor's general property, which is the joint collateral of the total creditor, from the bankruptcy estate.
Even if the act subject to avoidance in bankruptcy proceedings is harmful to bankruptcy creditors, the act is socially necessary and reasonable according to individual and specific circumstances at the time of the act.
There may be cases where it is deemed that the general bankruptcy creditor should suffer the reduction of the bankruptcy estate or the unfair bankruptcy. In such exceptional cases, Article 391 of the Act, in light of the guiding ideology and justice of the law, such as equality of creditors, protection of the debtor and coordination of the interests of the bankruptcy, shall be applied.