The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On August 23, 2019, the debtor A Co., Ltd. (hereinafter “debtor”) filed a petition for bankruptcy with the Changwon District Court 2019 Hau 10038, which was declared bankrupt on January 13, 2020 (Seoul District Court 2019, hereinafter “the debtor”). The debtor was declared bankrupt on January 13, 2020, following the decision to dismiss the petition for bankruptcy due to the default of expenses incurred in the bankruptcy procedure, the appeal, and the remand of the case due to the acceptance of the appeal (Seoul District Court 2019Hau 1054, 1054). The plaintiff is the bankruptcy administrator of the debtor.

B. Defendant C (hereinafter “Defendant C”) is the creditor holding the principal claim of KRW 322,243,90 with respect to the debtor (an order of payment No. 2019, the court of Changwon District Court 2019, the order of payment No. 381). Defendant C (hereinafter “Defendant C”) received on July 18, 2019, the claim for the payment of the above goods as the preserved claim against the Defendant D Co., Ltd. (hereinafter “Defendant D”), and received a refund under the import clearance contract of machinery from the Defendant D Co., Ltd. (hereinafter “instant refund claim”), which the debtor had against the Defendant D Co., Ltd. (hereinafter “Defendant D”).

On July 18, 2019, the instant claim attachment and assignment order was served on Defendant D; and

8. 14. Finality was established.

(c)

Defendant D’s KRW 45,982,450 on September 3, 2019 in accordance with the instant order of seizure and assignment pursuant to the instant order of seizure and assignment;

9. After paying KRW 18,577,790 on November 11, 2019, “The additional amount to be paid in relation to the instant refund claim remains KRW 59,620,990” among Defendant C around November 11, 2019, the amount of KRW 30,000 among them is paid to Defendant C immediately after the receipt of the refund for customs clearance of machinery imported from machinery, and the remainder of KRW 29,620,990 is paid to Defendant C, and the remainder of KRW 29,620,990 is the Seoul Southern District Court 201Ga 24281, which filed against Defendant D on the ground that he did not receive the transport cost related to the separate lawsuit obligor.

There was an agreement that “Conditional Payment” is to be made according to the result.

After that, Defendant C added 30,000,000 won from Defendant D on February 12, 2020.