대여금
1. The plaintiff's lawsuit against D, which is the taking over of the lawsuit by the defendant C bankrupt, shall be dismissed;
2. The plaintiff's defendant B.
1. Basic facts
A. The Plaintiff received a monetary loan request from Defendant C and lent a total of KRW 70 million as follows.
(1) On December 19, 201, KRW 30 million was determined and lent as interest rate of KRW 2% per month, and the lending period of KRW 3-4 months, and transferred KRW 20,400,000,000,000,000 to an account under the name of Defendant B (Korea Bank E) requested by Defendant C.
(2) On January 31, 2012, KRW 20 million was leased under the same conditions as the foregoing paragraph (1), but the amount of KRW 19.6 million was transferred to an account under the name of Defendant C (Korean BankF) after deducting the interest of KRW 400,000 from the prior interest.
(3) On June 19, 2012, KRW 20 million was lent under the same conditions as set forth in the foregoing paragraph (1), but KRW 19 million was transferred to an account in the name of the defendant C as set forth in the foregoing paragraph (2).
B. Defendant C did not pay the agreed interest properly, and did not pay the principal and interest of the loan even after the lapse of December 18, 2012, which was deferred by the Plaintiff. Ultimately, Defendant C was declared bankrupt in Seoul Central District Court Decision 2013Hadan7594, 2013Ma7594 on September 10, 2013 upon filing a petition for bankruptcy.
C. Meanwhile, the Plaintiff filed the instant lawsuit on March 22, 2013.
[Ground for Recognition: Facts without dispute; Gap 1-5 evidence (including serial number), Gap 9-14 evidence, fact-finding results with respect to Korean banks, the purport of the whole pleadings]
2. We examine the legitimacy of the lawsuit ex officio on the claim against D by the bankruptcy trustee, who is the taking over of the lawsuit by the Defendant Bankrupt C.
Comprehensively taking account of the overall purport of the arguments and arguments, C was declared bankrupt on September 10, 2013 by Seoul Central District Court Decision 2013Hau7594, and Plaintiff C’s claims against C were reported as bankruptcy claims, and the above bankruptcy claims were confirmed as they were.
According to Article 424 of the Debtor Rehabilitation and Bankruptcy Act, bankruptcy claims cannot be exercised without resorting to bankruptcy procedures. Thus, the bankruptcy claims of the plaintiff shall be filed with the bankruptcy trustee D, which is the lawsuit acceptance of the plaintiff's bankrupt C.