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1. Nonparty EP Korea Ltd. deposited on December 28, 2015 with the Seoul Central District Court No. 28673, 2015.
Reasons
1. Facts of recognition;
A. On October 19, 2015, business EsP Co., Ltd. (hereinafter “Bankruptcy Obligor”) filed a petition for bankruptcy with the Seoul Central District Court 2015Hahap100154, and the said court appointed the Plaintiff as the trustee in bankruptcy on November 9, 2015.
B. However, on October 26, 2015, the bankruptcy debtor transferred the claim of KRW 6.6 million to the Defendant, a creditor of the bankruptcy debtor, (hereinafter “transfer of claim of this case”), among the price claims held by EP Korea Co., Ltd. (hereinafter “Nonindicted Company”), and notified the non-party company of the transfer of claim, and the non-party company received the notification of the transfer of claim on October 29, 2015.
C. On December 28, 2015, the Plaintiff and the Defendant deposited KRW 7.26 million (including value-added tax) with the Seoul Central District Court No. 28673, 2015, the Plaintiff and the Defendant as the principal deposit, pursuant to the latter part of Article 487 of the Civil Act, on the ground that the true creditor of the claim transferred as above cannot be identified.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleadings
2. According to the judgment and the conclusion of Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act, the bankruptcy trustee may deny the act that the debtor knows that the debtor causes damage to the bankruptcy creditor on behalf of the bankruptcy estate, and the "act that the debtor knows that the debtor causes damage to the bankruptcy creditor" refers not only to the so-called fraudulent act absolutely reduced the debtor's general property, which is the joint security of all creditors, but also to the so-called "act that the debtor causes damage to the bankruptcy creditor" not only to the so-called "act that absolutely reduces the debtor's general property absolutely, such as repayment or security to a specific creditor, thereby affecting the debtor's property relations with the debtor's dividends, thereby in favor