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1. The Plaintiff:
A. Defendant C’s KRW 35,00,000 and interest rate of KRW 15% per annum from June 22, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On November 20, 2015, Defendant C, his father, worked for the E Livestock Cooperatives (hereinafter “the Livestock Cooperatives”), and paid KRW 50,000,000 to the Livestock Cooperatives of this case. In order to prepare the said deposit, Defendant C borrowed KRW 35,000,000, and KRW 15,000,000 from Defendant D, his branch, respectively.
B. On January 11, 2016, A filed a petition for bankruptcy with the Suwon District Court (2016Hadan107) and was declared bankrupt on September 5, 2016, and the Plaintiff was appointed as a trustee in bankruptcy.
C. Meanwhile, on February 2, 2016, A returned KRW 50,000,000 to Defendant C on the same day, and repaid KRW 35,000,000 to Defendant D on the following day, respectively, on February 3, 2016.
(hereinafter “instant reimbursement”). 【The ground for recognition】 The fact that there is no dispute, entry in Gap’s 1 through 3, and the purport of the entire pleadings
2. The phrase “an act of having knowledge that it would prejudice any bankruptcy creditor”, which is an act subject to avoidance as prescribed by Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act, includes not only the act of reducing the bankruptcy estate by deviating from the bankruptcy estate of the debtor’s general property, which is a joint security for all creditors, but also the so-called “an act of facilitating equal distribution among the bankruptcy creditors by affecting the debtor’s property relationship, such as repayment and provision of security to a specific creditor, and thereby favorable to any specific creditor and thereby undermining equal distribution among the bankruptcy creditors (see Supreme Court Decision 2011Da56637, Oct. 13, 201). As seen earlier, at the time of the instant repayment, A filed a petition for bankruptcy for excess of the debt. The instant repayment constitutes a biased act that undermines equal distribution among the bankruptcy creditors by having only a specific creditor repaid a loan to the defendants, after a petition for bankruptcy was filed, and A is under bankruptcy proceedings at the time of repayment.