공탁금출급청구권확인
1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The defendant and the plaintiff.
1. The reasons why this court used in this part of the basic facts are as follows: ① “Defendant D Co., Ltd.” or “Defendant D” was deposited as “Defendant,” “Defendant Co., Ltd., Ltd., or “Defendant Help” as “Co., Ltd. of the first instance trial”; “Defendant F” as “Co., Ltd. of the first instance trial; and “Defendant F” as “Defendant and Co., Ltd. of the first instance trial”; and “Defendants” as “Defendant and Co., Ltd. of the first instance trial”; ② deposited “each deposit” of the first instance trial No. 11 of the first instance judgment as “Defendant and Co., Ltd. of the first instance trial; ② deposited “Defendant A, Defendant, Co., Ltd. of the first instance trial and the first instance Co., Ltd. of the first instance trial” with “No. 4517, 2579, 086,” and “No. 1481, Dec. 27, 2013.”
2. As long as we accept the Plaintiff’s assertion of denial of intention as stated in the judgment on the assertion of denial of intention and accept the claim, we do not render a determination on the Plaintiff’s other allegations disputing the validity of the instant transfer security agreement.
1) The gist of the claim is 1) The transfer security agreement of this case by the Plaintiff was concluded in a situation where A is economically distressed. Thus, it constitutes a biased act that obstructs equal distribution among bankruptcy creditors. Accordingly, the Plaintiff is subject to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).
(2) According to Article 391 subparag. 1, the right to set aside a loan agreement of this case is invalid, and the sales claim, which was the subject of the said contract of transfer for security, return to A again, and the right to claim payment of deposit money for each of the instant deposits, is against the Plaintiff, a bankruptcy trustee of A. (2) Defendant A, for a new loan for the purpose of maintaining the business.