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1. On November 12, 2018, the Defendant concluded between the Defendant and the bankrupt corporation A with respect to Nonparty D Co., Ltd.
Reasons
1. Facts of recognition;
A. On November 12, 2018, A Co., Ltd. (hereinafter “Bankruptcy Company”) transferred to the Defendant the amount of KRW 53 million out of the past and future goods payment claims against Nonparty D Co., Ltd. (hereinafter “D”).
(hereinafter “transfer of claim of this case”)
B. On January 18, 2019, the bankruptcy company was declared bankrupt on February 19, 2019 by Suwon District Court 2019Hau105, and the Plaintiff was appointed as the bankruptcy trustee.
C. As of September 30, 2018, the total amount of assets as of September 30, 2018 was KRW 7,201,581,87, the total amount of liabilities was KRW 5,589,914,753, or the actual value of assets held by the bankrupt company as of the date of declaration of bankruptcy was merely KRW 4.8 billion, while the liabilities exceeded KRW 8.6 billion.
From April 2017 to October 2018, the bankruptcy company was unable to pay the raw material price, and the supply of raw material was discontinued since November 2018. At the time of the bankruptcy petition, all of the business of the bankruptcy company was suspended, all of the employees retired, and the wage and retirement pay of the retired employee was in arrears.
E. On March 27, 2019, the Defendant received a payment order from D to pay KRW 13,401,410 as the Suwon District Court Decision 2019Hu569, Suwon District Court, Osan District Court, which issued an order for payment of the transfer money, and delay damages therefor.
F. D on May 23, 2019, deposited KRW 13,401,410 with the deposited person as the Plaintiff or the Defendant under the Suwon District Court No. 5504 of 2019, which deposited KRW 13,401,410.
(hereinafter referred to as “instant deposit”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 6, the purport of the whole pleadings.
2. Determination on the cause of the claim
A. The "act that the debtor knows that it would prejudice any bankruptcy creditor", which is an act subject to avoidance under Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act, is a total creditor.