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(영문) 대전지방법원 2019.04.25 2017가합106163

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Stock Bank A was declared bankrupt on February 28, 2013 by Daejeon District Court 2013Hahap2 (hereinafter “Stock Bank A”) (hereinafter “Bankruptcy Bank”)

3) The Plaintiff (hereinafter “Plaintiff”) is also the Plaintiff

(2) The purpose of the Act is to contribute to protecting depositors, etc. and maintaining the stability of the financial system by efficiently operating the deposit protection system, etc., as a non-capital special corporation established under the Depositor Protection Act, and as such, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

(2) Under the Debtor Rehabilitation Act, the bankruptcy trustee of the bankrupt bank was appointed by reference to Articles 359 and 362 of the Debtor Rehabilitation Act (see, e.g., certificate of registration of the corporation attached to the Plaintiff’s complaint). 2) The Defendant was a company established for the purpose of meat, agricultural, fishery, and processed food wholesale and retail, restaurant business, etc., and the trade name of the company C was changed to “stock company B” on August 22, 2017.

(hereinafter referred to as “Defendant Company” without distinguishing the two, and both the Plaintiff Company and the Plaintiff Company are referred to as “Defendant Company”. B.

On June 5, 2008, the bankrupt bank established a credit transaction agreement between the defendant company and the defendant company on June 5, 2008 to lend 100,000,000 won to the defendant company on June 5, 2009, the bankrupt bank agreed to lend 11% per annum on June 5, 2009, and damages rate for delay at 23% per annum on June 5, 2008 (see evidence 25 of this Act). Loans under the credit transaction agreement dated June 5, 2008, namely, 100,00,000 won, the principal of the loans, as of June 5, 2008, was deposited into the bankrupt bank account under the name of the defendant company on June 5, 2008, and the above loans were fully repaid between the defendant company and the defendant company on September 20, 2009 (see evidence 200, 300,000).