1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the purport of the appeal.

1. Facts of recognition;

A. The debtor A Co., Ltd. (hereinafter “debtor A”) operated the business of manufacturing and selling children’s uniforms. Since August 13, 2019 due to the increase in production costs and the aggravation of profitability, etc., the debtor company’s total assets management amounted to KRW 6,350,628,295 as of December 31, 2018. As of December 31, 2018, the total assets of the debtor company was KRW 9,71,492,092.

B. On November 1, 2019, the debtor company transferred a claim for the payment of KRW 12,356,600 to E (hereinafter “the instant claim”) of the debtor company E (hereinafter “E”) to the Defendant (hereinafter “the instant claim”). The notice of the transfer of the instant claim reached E on November 5, 2019.

(c)

On September 27, 2019, the debtor company filed a petition for bankruptcy on November 5, 2019, and was declared bankrupt against the debtor company (Seoul bankruptcy court 2019Hau 100412), and the plaintiff was appointed as the bankruptcy administrator of the debtor company.

(d)

E deposited 12,147,40 won of the price of goods with the debtor company or the defendant as his/her truster on November 25, 2019 by the Seoul Central District Court No. 29321, the Seoul Central District Court deposited 12,147,440 won of the price of goods as his/her truster (hereinafter “the deposit of this case”). The deposit of this case “the deposit money” is without dispute [the grounds for recognition], Gap’s evidence 1 through 3, 6, 11 through 15 (including the number of numbers; hereinafter the same shall apply), the testimony by the witness of the court of first instance and the purport of the entire pleadings.

2. The parties' assertion and judgment

A. As to the cause of the claim, the transfer of the Plaintiff’s claim in this case constitutes an intentional and secret act, and thus, the Plaintiff denies the transfer of the claim in this case pursuant to Article 391 subparag. 1 and 3 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debt Rehabilitation Act”).

Since the transfer of the instant claim by the Plaintiff’s exercise of the right to set aside becomes null and void, the right to claim payment of the instant deposit is against the Plaintiff.