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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. (1) A bankrupt company was established on November 1, 1998 and engaged in food manufacturing and processing business, such as ice cream and ice ice cream, etc.; (2) On October 11, 2012, a bankrupt company applied for commencement of rehabilitation procedures on November 5, 2012 by the Gwangju District Court 201hap46 and decided to commence rehabilitation procedures on January 8, 2013, but the rehabilitation procedures were abolished on September 24, 2013 on the ground that the liquidation value of the business was high, and the decision to discontinue rehabilitation procedures became final and conclusive on October 8, 2013.
3) On October 10, 2013, the bankruptcy company was declared bankrupt by Gwangju District Court Decision 2013Hahap12, and the Plaintiff was appointed as bankruptcy trustee of the bankruptcy company. (b) On March 24, 2011, the Defendant leased KRW 550,000 to the bankruptcy company between the bankruptcy company and the Defendant, but on March 24, 201, leased KRW 550,000 to the bankruptcy company. The maturity date is March 24, 2014, the interest was calculated at the rate of 12% per annum and paid KRW 30,000 to the bankruptcy company (hereinafter “instant monetary loan contract”).
2) On September 24, 2012, the bankruptcy company entered into a contract with the Defendant to transfer each of the facilities of this case to the Defendant under the pretext of payment in kind in KRW 150,000,000 among the loans borrowed under the monetary loan agreement of this case with the Defendant (hereinafter “instant contract”) (hereinafter “instant contract”).
(3) At the time of the instant contract, each of the facilities listed in the separate sheet Nos. 1 through 6 among the respective facilities of this case were kept in G (H). Each of the facilities listed in the separate sheet Nos. 7 through 20 was kept in the bankrupt company. However, the bankrupt company requested the Defendant to deliver each of the facilities listed in the separate sheet Nos. 1 through 6 to G pursuant to the instant contract.