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1. The plaintiff's claim is dismissed.
2. A claim filed by the Seoul Central District Court 2016 Ma34 between the Parties.
Reasons
1. Basic facts
A. B, while operating Home Shopping Co., Ltd. A, which is a home shopping company, sold household products, etc. through home shopping, etc., but did not properly operate the same. Around 2007, the above two companies became bankrupt and became insolvent around 2008.
B. On March 25, 2010, the Plaintiff, as his father and wife B, completed the business registration by making the business items of the business as “advertisement agency” and “F”, and the “F” is a business entity that sells goods via the Internet, etc.
C. On April 24, 2014, the Plaintiff entered into an agreement with the Korean bank for the repayment of split-off loans, and received KRW 423 million from the said bank (hereinafter “instant loan”), and purchased GUS car through the new card installment loans (hereinafter “instant installment loans”) on July 2, 2014.
B, on November 20, 2015, KRW 3.8 billion was assessed against the debtor, and the debtor was declared bankrupt on December 21, 2015 on the ground that he/she had no property to repay the debt, and that he/she had no property to repay the debt, and filed a petition for bankruptcy and exemption under this court’s 2015Hau10413 and 2015Hau10413.
E. Meanwhile, from May 26, 2014 to January 25, 2016, KRW 85,156 out of the instant loans were repaid with business income of “F” and KRW 6,416,521 out of the instant loans were repaid from August 26, 2014 to December 28, 2015.
F. The Defendant alleged that B actually performed “F” in the name of the Plaintiff, while operating the “F”, repaid the instant loans and installment loans with its business income, and filed a claim for denial against the Plaintiff by this court on November 9, 2016, and the said court filed a claim for the said act with respect to the said act. On November 9, 2016, the said court held that the debtor’s act of repayment under Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) harms the bankruptcy creditor.