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1. The defendant shall be recorded in the attached list concluded on November 13, 2018 between the defendant and the bankrupt corporation A.
Reasons
1. Facts of recognition;
A. On November 13, 2018, A Co., Ltd. (hereinafter “Bankruptcy Company”) transferred to the Defendant the amount of KRW 19,554,254 out of D’s past and future claim for the purchase of goods.
(hereinafter referred to as “transfer of claim of this case”). (b)
On January 18, 2019, the bankruptcy company was declared bankrupt on February 19, 2019 by Suwon District Court 2019Hau105, and the plaintiff was appointed as the bankruptcy trustee on the same day.
C. As of September 30, 2018, the total amount of assets as of September 30, 2018 was KRW 7,201,581,87, the total amount of liabilities was KRW 5,589,914,753, or the actual value of assets held by the bankrupt company as of the date of declaration of bankruptcy was merely KRW 4.8 billion, while the liabilities exceeded KRW 8.6 billion.
From April 2017 to October 2018, the bankruptcy company was unable to pay the raw material price, and the supply of raw material was discontinued since November 2018. At the time of the bankruptcy petition, all of the business of the bankruptcy company was suspended, all of the employees retired, and the wage and retirement pay of the retired employee was in arrears.
E. The Defendant received KRW 18,00,000 from D, totaling KRW 12,00,000 on December 7, 2018, and KRW 3,000,00 on February 1, 2019, and KRW 18,00,000 on March 7, 2019.
(2) Each of the statements and arguments in Gap's 1 to 7, Eul's 3 to 5, and Eul's 3 to 5
2. The assertion and judgment
A. The "act that the debtor knows that it would be prejudicial to bankruptcy creditors", which is an act subject to avoidance as stipulated in Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act, as to whether intentional avoidance is established, not only the so-called fraudulent act that reduces the bankruptcy estate by deviating from the debtor's general property as a joint security of all creditors from the bankruptcy estate, but also the act such as repayment to a specific creditor or provision of security