beta
Text
1. The Defendant’s KRW 29,442,250 as well as the Plaintiff’s KRW 15% per annum from March 21, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. On January 22, 2018, Incheon District Court No. 2018Hadan228, 2018, and 2018Ra27, upon filing a petition for bankruptcy and application for immunity, A was subject to a ruling on July 10, 2018 by the said court.
The plaintiff was appointed as a trustee in bankruptcy on the same day.
B. A, upon filing an application for bankruptcy, entered as of December 31, 2016, a corporation D, the principal had closed its business at the time when it is impossible to pay debts.
C. A, after having filed a petition for bankruptcy, remitted KRW 29,442,250 to the Defendant from its account on June 20, 2018, immediately before a decision on a strike was rendered.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Gap's 6, and 7, and the purport of the whole pleading
2. Exercising the avoidance power:
A. Determination on the cause of the claim 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”)
The "act that the debtor knows that the general property of the debtor is prejudicial to the bankruptcy creditor", which is an act that is an object of avoidance set forth in subparagraph 1 of Article 391, includes not only so-called fraudulent act which absolutely reduces the debtor's common property as a joint security of all creditors, but also so-called biased act which affects the debtor's property relations, such as repayment to a specific creditor or provision of security to a specific creditor, which is favorable to the debtor's dividends and is contrary to the fairness with other bankruptcy creditors. However, in order to be recognized as an intentional person, the debtor should have known that the debtor damaged the bankruptcy creditor as a subjective element. However, in order to prevent the awareness of the intent of the type of the act subject to avoidance set forth in the Act and to promote the stability and balance of transaction, repayment or security shall be made only to the specific creditor in order to avoid the principle of equality of creditors applied when bankruptcy proceedings commence.