양수금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On July 30, 1996, the Industrial Bank of Korea concluded a monetary loan agreement with Defendant A, and subsequently loaned KRW 540 million to Defendant B, and Defendant B guaranteed the guarantee limit at KRW 650 million.
(B) The loan claims of this case were transferred in sequence from the Industrial Bank of Korea to the KB partnership, the Dongyang Korea Social Co., Ltd., the Hyyang Korea Financial Co., Ltd., the management of loan assets, the management of loan assets for limited companies, the prior succession of the Co., Ltd., the management of the office assets of the company, the office assets management of the company, and the Switzerland Savings Bank.
The Swiss Savings Bank, Inc. was declared bankrupt on April 29, 2014, and the plaintiff was appointed as a trustee in bankruptcy.
(Seoul Central District Court 2014Hahap53). [Reasons for Recognition] The fact that there is no dispute, entry of Gap evidence 1 to 15, the purport of the whole pleadings.
2. Determination
A. The statement in the evidence No. 4 as to the cause of the claim No. 4 can only be acknowledged as the fact that Tynas Co., Ltd., limited liability company, management of loan assets, prior succession to a stock company, July 25, 2012, and management of house loan assets to each defendant A on September 10, 2013, and there is no evidence to prove that each notice has been sent to the above defendant by certified mail, and there is no evidence to prove that each notice has been sent to the above defendant.
Therefore, the plaintiff cannot set up against the defendants with the transferee claim. Thus, the plaintiff's claim cannot be justified.
However, in each of the following paragraphs, the defendants' defenses will be examined in addition to the defendants' defense.
B. Defendant A’s defense filed a petition for bankruptcy with the District Court 2010Hadan3094, 2010 3089, Defendant A filed a petition for bankruptcy on November 30, 2010. Upon receipt of the decision to declare bankruptcy and to discontinue the bankruptcy on April 4, 2011, the creditor’s list of creditors of the bankruptcy case at issue included the same time social company. The fact that the bankruptcy case at issue includes the same time is significant in this court.
Therefore, the defendant A's debt of this case was exempted by the above immunity decision, and the defendant A's defense that points this out is justified.