1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons why this Court uses this part of the underlying facts are as follows: “Defendant D” as “Defendant”; “Defendant Spanish Co., Ltd.” or “Defendant Spanish” as “Codefendant of the first instance trial,” and “this case’s assignment contract” as “this case’s transfer contract” in the fourth end of the first instance judgment as “this case’s transfer transfer contract”; thus, it is identical to the part “1. Basic Facts” in the reasoning of the first instance judgment, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As long as we accept the Plaintiff’s assertion of denial of intention as stated in the judgment on the assertion of denial of intention and accept the claim, we do not render a determination on the Plaintiff’s other allegations disputing the validity of the instant transfer security agreement.

1) The gist of the claim is 1) The transfer security agreement of this case by the Plaintiff was concluded in a situation where A is economically distressed. Thus, it constitutes a biased act that obstructs equal distribution among bankruptcy creditors. Accordingly, the Plaintiff is subject to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

(2) In accordance with Article 391 subparag. 1, the right to set aside a contract for the transfer of security of this case is null and void, and the sales claim, which was the object of the said contract, return to A again, and the right to claim payment of deposit money for each of the instant deposits, is the Plaintiff, a bankruptcy trustee of A. (2) Defendant A entered into a loan agreement of this case and the instant transfer of security agreement for new borrowing for the purpose of maintaining the business. Thus, the instant transfer contract does not constitute an act detrimental to the bankruptcy creditor.

Even if the instant transfer contract constitutes an act detrimental to bankruptcy creditors, the Defendant only lent money to A after sufficiently examining the ability to repay through objective data at the time of the contract, such as a loan agreement with the lender on June 2012 and a letter of recommendation of investment with the lender.