The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

The purport of the claim and the purport of appeal shall be the defendant.

1. Basic facts

A. On October 26, 2018, the Defendant, a main transaction bank of the debtor A Co., Ltd. (hereinafter “debtor”), entered into a loan agreement with the debtor on October 26, 2018 (hereinafter “instant loan”) with the terms and conditions of lending KRW 2.8 billion as of October 26, 2019. This was a substitute loan in the form of repayment in which only KRW 13 billion was actually repaid from the former loan amounting to KRW 2.813 billion at the maturity of October 26, 2018 and the remainder of KRW 2.8 billion was repaid from the debt amounting to KRW 2.813 billion.

B. On October 26, 2018, while implementing the instant loan, the debtor entered into a contract with the defendant to establish the right of settlement, etc. of each of the instant lending and completed the registration of establishment of the right of settlement, etc. of each of the instant lending, which was caused by the contract.

(c)

On November 22, 2018, the debtor filed a petition for bankruptcy with the Daejeon District Court 2018Hau 7065, but withdrawn the petition for bankruptcy on December 10, 2018. On December 21, 2018, the debtor filed a petition for bankruptcy with the Daejeon District Court 2018Hau 7069, which was declared bankrupt by the above court on January 11, 2019. The plaintiff was appointed as the debtor's bankruptcy administrator on January 11, 2019.

(d)

Meanwhile, at the time of the bankruptcy petition on November 22, 2018, the total amount of the debtor's assets was about KRW 15.5 billion, and the total amount of the debt exceeded KRW 21.9 billion.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 7, Eul evidence Nos. 1, 2, 5, and 7 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The obligor’s assertion of the cause of the Plaintiff’s claim constitutes an act detrimental to other obligees in bankruptcy by completing the registration of creation of the right to collateral security in this case. At the time of completing the registration of creation of the right to collateral security in this case, the obligor was in the status of “payment suspension.” The Defendant was well aware of the above situation of the obligor, and the registration of establishment of the right to collateral security in this case is about the obligor’s rehabilitation and bankruptcy.