대여금 등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The Plaintiff asserts as follows and seeks the payment of the money stated in the purport of the claim.
1) B Co., Ltd. (hereinafter “Nonindicted Company”)
The Defendant approved that the basic terms and conditions of bank credit transactions and the basic terms and conditions of deposit transactions apply, and received a loan from the Plaintiff (the full repayment of the repayment method expiration date, interest rate of 15% per annum), and as of May 3, 2017, respectively, the principal and interest of the loan as of May 3, 201 are as follows: (a) on June 28, 2011, the principal and interest of the loan extended only for the loan extended on the date of loan (the original loan) is 230,000,000,000 principal and interest of the loan extended on the loan (the original loan) shall be as follows; (b) on December 28, 2012, 189,484,929 151,820,577 business financing loans and KRW 70,000,000,000,0000,7038,738,3838,294,2949.
B. As to this, the Defendant asserted that the Plaintiff’s claim is unreasonable, since Suwon District Court 2013Da7534 was granted immunity.
2. The fact that the Defendant’s decision on June 20, 2016 received a decision to grant immunity from Suwon District Court 2013Da7534 and the said decision to grant immunity became final and conclusive on July 5, 2016; however, the fact that the Plaintiff’s claim was not stated in the list of creditors of the above procedure for discharge does not conflict between the parties.
However, it is insufficient to recognize that the Defendant did not enter this case’s claims in the creditor list in bad faith only with the statement of evidence Nos. 1-4, and there is no other evidence to acknowledge this. Therefore, it is reasonable to deem that the instant claims have lost the power of action and executory power according to the confirmation of immunity.
3. The instant lawsuit is unlawful as there is no benefit in the protection of rights, and thus, it is so decided as per Disposition by the assent of all participating Justices.