1. Defendant B’s KRW 45,744,00 and the Plaintiff’s annual rate of KRW 6% from January 31, 2015 to August 10, 2015.

1. Basic facts

A. The Plaintiff, a personal business entity supplying food materials, supplied the food materials worth KRW 45,744,00, totaling from August 4, 2014 to January 30, 2015, to Defendant B, who operated a restaurant.

B. On October 30, 2014, Defendant B purchased a motor vehicle listed in the separate sheet from tourism (hereinafter “instant motor vehicle”) and paid KRW 68,160,780, borrowed from her referred to as “the instant motor vehicle”). On November 6, 2014, Defendant B completed the registration of transfer of ownership in the name of Defendant B, which was based on the said sale.

C. On November 19, 2014, Defendant B entered into an access agreement with Defendant C Co., Ltd. (hereinafter “Defendant Company”) on the instant automobile (hereinafter “instant access agreement”) and completed the ownership transfer registration for the instant automobile to the Defendant Company on November 28, 2014 in accordance with the said access agreement.

On the other hand, with the consent of the Defendant Company on November 20, 2014, Defendant B loaned KRW 35 million from Nonparty Mez capital Co., Ltd. as security the instant vehicle.

E. Defendant B is in an insolvent state from the time of the instant land entry contract to the time of the closing of argument in the instant case.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination on the cause of the claim

A. Since there is no dispute between the parties that the Plaintiff supplied food materials equivalent to KRW 45,744,00 in total to Defendant B who operated a restaurant, a personal business entity that supplies the food materials for the claim against Defendant B, the Defendant B is obligated to pay to the Plaintiff the amount set forth in paragraph (1) of this Article.

B. The summary of the Plaintiff’s claim against the Defendant Company 1 is that the instant land, which is the only property acquired by borrowing money from Defendant B, an insolvent debtor, was trusted in trust with the Defendant Company, and thus, the common property of ordinary creditors is jointly owned by the Defendant Company.