손해배상
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On May 27, 2011, the Defendant filed a loan claim lawsuit against the Plaintiff by Seoul Western District Court Decision 2010Da35780, and sentenced that “the Defendant (referring to the Plaintiff in this lawsuit) shall pay to the Plaintiff (referring to the Defendant in this lawsuit) KRW 65,00,000 per annum from June 1, 2007 to July 13, 2010, 5% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.
B. The Plaintiff filed an application with the Seoul Central District Court for adjudication of bankruptcy and exemption from liability as Seoul Central District Court Decision 2012Hadan1520, 2012Ma1520, and the decision was finalized around September 20, 2013 (Seoul Central District Court Decision 2013Ra223).
At the time, the list of creditors stated the defendant's above loan claims.
C. After that, the Plaintiff paid KRW 22,00,000 to Nonparty C with the PC-invested loan around 2006, however, C filed a lawsuit for the return of equity shares as Seoul Western District Court 2013Kadan49537 on the ground that it did not open the PC, and in the lawsuit, “C shall pay KRW 17,000,000 to the Plaintiff by February 28, 2015, and if the said amount is not paid by the payment date, damages for delay calculated at the rate of KRW 20% per annum from March 1, 2015 to the date of full payment for the unpaid amount shall be paid by adding the interest for delay calculated at the rate of KRW 20% per annum from March 1, 2015 to the date of full payment. The Plaintiff waives the remaining claims.”
On March 19, 2015, the Plaintiff issued a collection order for the amount equal to KRW 17,121,095 (hereinafter “Plaintiff’s claim”) among the deposit claims against Han Bank Co., Ltd. (hereinafter “C”) by Seoul Western District Court Decision 2015TTT3642, as to March 19, 2015.
E. As to this, the defendant's claim against C is about PC opening business around 2006.