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(영문) 대법원 2018.10.25 2017다287648
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the bankrupt party D.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the bankrupt trustee E (hereinafter “Plaintiff-Appellant”) who is the taking over of the lawsuit by the Plaintiff (Appointed Party)

A. As to Article 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), “act of having the debtor know that it would inflict damage on the bankruptcy creditors,” which is an act subject to setting aside under Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act, includes not only the act of reducing the bankruptcy estate by deviating from the bankruptcy estate of the debtor’s general property, which is the joint security of all creditors, but also the act of making certain creditors favorable to the debtor’s dividends and undermining equal distribution among the bankruptcy creditors (see, e.g., Supreme Court Decision 2011Da5637, 5644, Oct. 13, 201). However, even if the debtor, while in the absence of payment, at the time of exchange with the debtor’s repayment to the specific creditor, such act does not constitute an act of setting aside under Article 201 subparag. 14 of the Debtor Rehabilitation Act, unless there is any special circumstance to acknowledge that the debtor’s act constitutes an act detrimental to the debtor’s value of benefits and obligations.

(see, e.g., Supreme Court Decision 2002Da41589, Nov. 8, 2002). This is a condition precedent, barring any special circumstance.

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