채무부존재확인
1. The instant lawsuit shall be dismissed.
2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.
1. The plaintiff's assertion
A. On April 7, 2011, the Plaintiff’s Intervenor determined and lent KRW 1,100,000,000 to a medical corporation A (hereinafter “A”) (hereinafter “A”) at an interest rate of 2.5% per month and on June 7, 2011.
On May 2, 2012, the Plaintiff Intervenor and A agreed to determine interest in arrears at KRW 300,000,000 and to additionally lend it on July 1, 2012.
Around July 2012, the Plaintiff’s Intervenor filed a lawsuit against A and filed a claim for the payment of KRW 449,735,000 and damages for delay, which were obtained by deducting KRW 950,00,000 from the total amount of the above loan amounting to KRW 1,40,00,000, and the Plaintiff’s Intervenor claimed for payment of KRW 449,735,00 and damages for delay. On December 14, 2012, the judgment accepting the claim became final and conclusive on January 2013
(Seoul Central District Court 2012Kahap58185, hereinafter "the judgment of this case"). (B) The claims established in the judgment of this case are "the claims of this case".
On March 25, 2015, the Plaintiff’s Intervenor and the Defendant concluded a contract for assignment and takeover of claims (hereinafter “instant assignment of claims”) stating that “The Plaintiff’s Intervenor transferred the Plaintiff’s loan claim and the instant judgment amount to the Defendant.”
C. On April 13, 2015, the Defendant filed an application for bankruptcy against A with the Seoul Rehabilitation Court, and on December 14, 2016, the bankruptcy against A was declared.
On January 9, 2017, the Defendant reported the instant bankruptcy claim of KRW 3,352,538,692 (including the instant claim for transfer money) (hereinafter “instant bankruptcy claim”). D.
On February 9, 2017, E, the former trustee in bankruptcy, raised an objection on the ground that the entire amount of the bankruptcy claim of this case exists on the date of claim inspection. Accordingly, on February 17, 2017, the Defendant filed an application for the final claim inspection judgment with E as Seoul Rehabilitation Court 2017Ha-23, but the bankruptcy claim of this case from the above court on June 18, 2019 does not exist.