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1. The Defendant calculated on May 1, 2014 with interest rate of 6% per annum from May 1, 2014 to interest rate of 15,000,000 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 29, 2014, the Plaintiff is a trustee in bankruptcy of a debtor A Co., Ltd. (hereinafter “debtor”) who was declared bankrupt at the Seoul Central District Court by 2014Hahap119, and the Defendant is a representative director of the debtor company.
B. (1) The debtor company was a non-listed corporation established on March 26, 2007, and the financial situation has deteriorated from around 2010 to around May 2014, the debtor company discontinued all business and the employees also retired and thus making it impossible for the debtor to repay in general and continuously the debts that arrive at the current due date. (2) According to the statement of financial position as of June 30, 2014, according to the debtor company’s statement of financial position as of June 30, 2014, the total assets of the debtor are approximately KRW 158,00,000,000,000 won, while the total liabilities exceed KRW 743 billion.
C. (1) On October 17, 2013, the Defendant remitted KRW 19,00,000 to a bank account under the name of the representative director D of the debtor company. (2) After the debtor company, the debtor company paid KRW 15,00,000 to the Defendant (hereinafter “instant payment”) around April 30, 2014, which was paid by the non-party Korea Land and Housing Corporation and Leecheon-si, and the payment of KRW 377,119,00,000, which was paid by the non-party Korea Land and Housing Corporation and Leecheon-si, on April 30, 2014, which was three months prior to the commencement of bankruptcy proceedings (hereinafter “instant payment”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, 8, 9, and the purport of the whole pleadings
2. Determination as to the claim
A. The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides for the avoidance power of a trustee in bankruptcy as follows.
Article 391 (Avoidable Acts) The trustee in bankruptcy may set aside any of the following acts for the bankruptcy estate:
1. An act done by the debtor with the knowledge that he/she causes damage to any bankruptcy creditor: Provided, That a person who receives any benefit therefrom does not know the fact that he/she causes damage to any bankruptcy creditor at the