대여금
1. The bankruptcy claim is confirmed with respect to each of the main and ancillary counterclaims against the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. A (a) was declared bankrupt on July 21, 2014 by Seoul Central District Court Decision 2014Hau4206, and an attorney-at-law was appointed as trustee in bankruptcy and taken over the instant lawsuit. On the same day, A and A took over the instant lawsuit; hereinafter referred to as “Plaintiff” without distinguishing A and A’s attorney-at-law as trustee in bankruptcy for convenience is an insurance solicitor of A and A’s life insurance company, and the Defendant is a person who sells clothes wholesale and retail business.
B. Upon the Plaintiff’s recommendation, the Defendant concluded a total of 21 insurance contracts from November 2009 to April 201, 201, and the Plaintiff visited the Defendant to receive insurance premiums in cash or received money from the Defendant in a daily amount of money, and then transferred money from the Plaintiff’s corporate bank account (Account Number D) to the Defendant’s bank account (Account Number E) and to the Defendant’s account of community credit cooperatives (Account Number F) and received insurance premiums by automatic transfer.
C. The Defendant shall set up one unit of the fraternity (hereinafter “first fraternity”) located in the Plaintiff from May 201 to November 2010, which is the Plaintiff’s share of KRW 3,000,000, and KRW 18,000,000 for the first time from May 201 to around 2011 (hereinafter “second fraternity”), and (2) from around December 2010 to around September 201, 3,000 for the first installment of KRW 27,00,000 for the first installment of KRW 27,00,000 for the second installment of KRW 30,000,00 for the first installment of KRW 300,00 for the first installment of KRW 10 to July 1, 201.
D. On July 21, 2014, when the instant lawsuit was pending, A was declared bankrupt by the Seoul Central Court on July 21, 2014, and the Defendant reported on May 13, 2016 that the Plaintiff had a bankruptcy claim of KRW 59,225,440 against the Plaintiff, and the Plaintiff raised an objection against the entire claim. [Grounds for recognition] The Plaintiff did not have any dispute, as well as the entry in the evidence Nos. 1, 2, and 19 (including a serial number if any; hereinafter the same shall apply).
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