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(영문) 춘천지방법원 2016.01.22 2013나5668

채무부존재확인 및 부당이득금반환

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1. Revocation of the first instance judgment.

2. The part concerning the claim for return of unjust enrichment in the instant lawsuit is dismissed.

3. The plaintiff.

Reasons

1. We examine the legitimacy of this part of the lawsuit ex officio in determining the claim for return of unjust enrichment.

In full view of Gap evidence Nos. 11 and Eul evidence Nos. 8, the plaintiff asserted that the plaintiff filed a lawsuit against Solomon Savings Bank (hereinafter " Solomon Savings Bank") for the return of KRW 5,107,688 that the plaintiff paid to Solomon Savings Bank without any legal cause. Solomon Savings Bank was declared bankrupt on April 30, 2013 when the court of first instance is pending, as Seoul Central District Court Decision 2013Hau46, Apr. 30, 2013. The defendant was appointed as bankruptcy trustee. The defendant filed a lawsuit concerning the property belonging to the bankrupt estate among the lawsuit of this case pursuant to Articles 347 (1) and 382 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act"), namely, the plaintiff filed a lawsuit seeking confirmation of the existence of the claim for loans against the plaintiff at the time of the debtor Solomon Savings Bank's declaration of bankruptcy, and the defendant can recognize the plaintiff's claim for unjust enrichment on May 28, 2014.

Therefore, the Plaintiff’s claim for return of unjust enrichment of this case constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation Act.

Meanwhile, when the trustee in bankruptcy or any bankruptcy creditor raises an objection to the contents of any bankruptcy claim reported in the course of bankruptcy claim inspection, the bankruptcy creditor who holds such bankruptcy claim (hereinafter referred to as "objected claim") may file an application with the court for a final claim inspection judgment (hereinafter referred to as "final claim inspection judgment") with all objectors as other parties, in order to determine the contents thereof, and the application shall be filed within one month from the general inspection date or special inspection date for the investigation of any bankruptcy claim to which the objection is raised.