1. The plaintiff's appeal is dismissed.

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

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

1. The reasons stated in this part of the underlying facts are as follows: “The Defendant’s obligation to return investment worth KRW 1 billion to F” in Section 10 of Section 4 of the first instance court’s decision is as follows: “The Defendant’s obligation to return investment worth KRW 1 billion to F’s Defendant’s Defendant’s obligation to return investment worth KRW 1 billion to F’s Defendant’s obligation to return investment worth KRW 1 billion; therefore, it is identical to the part of the “basic fact” in Sections 5 through 6, 15 of the second instance court’s decision, and thus, it is acceptable

(In relation to this part, the annexed list of the first instance judgment also refers to the annexed list of the first instance judgment).

A. Articles 391 subparag. 1 and 391 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) may deny any of the following acts on behalf of the bankruptcy estate by the Plaintiff’s asserted debtor company concluded the instant guarantee agreement and the instant collateral security agreement with the Defendant, and accordingly completing the registration of the establishment of a mortgage to the Defendant.

1. An act done by the debtor with the knowledge that such an act causes damage to any bankruptcy creditor: Provided, That this shall not apply to cases where anyone who receives any benefit therefrom fails to know the fact that he causes damage to any bankruptcy creditor

2, 3 (Omission)

4. The act that the debtor knows that the debtor causes damage to any bankruptcy creditor" as prescribed by the act of gratuitous payment and the act of onerous payment that the debtor has performed within six months before the suspension of payment or a petition for bankruptcy is filed, and the right to set aside under Articles 395 and 395 of the Debtor Rehabilitation Act may be exercised when the debtor has an executory title with respect to the act that is to be set aside, or when the act is performed by the act of enforcement.

Since enforcement acts are also subject to avoidance by virtue of the Act, seizure and assignment order of the instant claim following the exercise of the right to subrogation by the mortgagee is also subject to Article 391 Subparag. 1 of the Debtor Rehabilitation Act.