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(영문) 서울중앙지방법원 2014.07.16 2013가합512181

인지과오납금 반환 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) The financial institutions holding claims against A on June 30, 199 at the time of filing an application for commencement of the company reorganization proceedings with A on June 30, 199 shall be limited to “B” when referring to C Chairman and B affiliated companies (hereinafter referred to as “C Chairman and B affiliated companies”).

)A written agreement (hereinafter referred to as “instant agreement”) between the Department.

2) On December 9, 2005, Seoul Central District Court No. 2005Gahap111828 (hereinafter referred to as “the judgment of the first instance court of this case”) was made on December 9, 2005, as the Plaintiffs participated as the parties to the agreement at the time of the preparation of the agreement, or as the trustee in bankruptcy of the parties to the agreement, or as the holders of claims under the instant agreement

2) On May 202, 2002, Koreaese Bank Co., Ltd., which was a party to the instant agreement, filed a lawsuit against B, such as an agreed amount, or taken over the lawsuit. (2) On November 1, 2004, Koreaese Bank, Inc., Ltd., was changed into the Plaintiff’s Bank on November 1, 2004, and the national lease Co., Ltd, on January 29, 2003, once it was changed to the Plaintiff, Us.S. partnership., May 30, 2006.

3) On May 27, 200, the ASEAN General Finance Corporation changed its trade name to the Korea Licensed Finance Corporation. On May 11, 2001, the Korea Licensed Finance Corporation was declared bankrupt by the Seoul Central District Court on May 11, 2001, and D and E were appointed as the bankruptcy trustee on May 14, 2007, and the Plaintiff Deposit Insurance Corporation succeeded to D and E as the bankruptcy trustee on May 14, 2007 by the appointment of the bankruptcy trustee on May 14, 2007, and thereafter D and the Korea Deposit Insurance Corporation succeeded to D and E as the former bankruptcy trustee, and thereafter D and the Korea Deposit Insurance Corporation succeeded to D and the Korea Deposit Insurance Corporation. < Amended by Act No. 8577, Nov. 30, 2007; Act No. 6377, Nov. 1, 2001>