1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The court's explanation of this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, except where the court of first instance misleads the court of first instance as follows. Thus, the court's explanation is acceptable by the main text of Article 420 of the Civil Procedure Act.

Part 1 to 2 of the table 5, “g. the Defendants are from one to two,” with the following parts:

A person shall be appointed.

G. On February 16, 2011, the Defendant withdrawn KRW 104,839,962 from among the deposits deposited under the name of the Defendant at around 20:05, which was after the business hours of the A savings bank (hereinafter “instant deposit withdrawal”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-2, Gap evidence 3 (including each number without special reference; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the withdrawal of the deposit in this case is an act subject to the denial under Article 391 (1) of the Debtor Rehabilitation and Bankruptcy Act. Thus, the defendant asserts that the defendant is obligated to return the remaining amount of money, excluding KRW 50,000,000, out of the money withdrawn as above, the amount of deposit governed by the Depositor Protection Act, to the plaintiff.

B. The "act of the bankrupt, who is an act subject to avoidance under Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act"), knowing that he would prejudice any bankruptcy creditor" includes not only the so-called fraudulent act absolutely reduced the general property of the bankrupt, which is a joint security of all creditors, but also the so-called biased act that affects a specific creditor's property relationship with a specific creditor, such as repayment or provision of security to a specific creditor, thereby favorable to the bankrupt's distribution and against the equity between other bankruptcy creditors and other bankruptcy creditors.

On the other hand, to be recognized as the above intentional person, it is a subjective requirement.