1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

In fact, the Plaintiff has a loan claim of KRW 40 million against C.

C On April 21, 2017, the Defendant entered into a contract with the Defendant for the transfer and takeover of the right to store (hereinafter “instant contract for the transfer and takeover of the right”) on the “Seongyang-gu and 1st floor F G G in the 1st floor of the building E (H point) during the Gyeyang-si, and transferred the said store and the entire business rights to the Defendant.

C On April 21, 2017, the Plaintiff entered into a contract for the transfer of business in this case with the effect that C transfers to the Plaintiff the claim equivalent to KRW 44 million out of the price claim that C shall receive from the Defendant under the contract for the transfer of business in this case, and notified the Defendant of the assignment of the claim.

The Defendant paid KRW 4,078,765 to the Plaintiff according to the instant transfer contract and the instant transfer contract.

C On July 6, 2017, the Seoul Rehabilitation Court 2017Hadan3638 (hereinafter “instant bankruptcy case”) filed a petition for bankruptcy and immunity, and was declared bankrupt by the said court on September 11, 2017.

In the bankruptcy case of this case, the bankruptcy trustee filed a claim for avoidance on August 9, 2018 (Seoul Rehabilitation Court No. 2010541, hereinafter "the claim for denial of this case").

On August 8, 2019, the above court accepted the claim for denial of this case by the trustee in bankruptcy, and determined that the transfer contract of this case and the transfer contract of this case are "an act of knowing that the debtor causes damage to any bankruptcy creditor" as stipulated by Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "Act"), and thus, decided that "the defendant shall pay to the trustee in bankruptcy the amount of KRW 5 million, the amount of KRW 4,000,000, the plaintiff shall be paid for each of them" (hereinafter "decision of denial of this case").

The decision of denial of this case was delivered to the bankruptcy trustee, the plaintiff, and the defendant, respectively, and became final and conclusive without any objection.