부인의 청구 결정에 대한 이의의 소
1. The plaintiff's claim is dismissed.
2. A claim for denial between the Plaintiff and the Defendant of this Court (2014Hahap2).
1. Facts of recognition;
A. On May 25, 2012, A Co., Ltd. (hereinafter “A”) obtained a loan of KRW 1,00,000,000 from the Plaintiff. On May 29, 2012, A entered into a contract with the Plaintiff to transfer a floor board among the net C Corporation in the net C Corporation in the amount of KRW 1,890,000,000 to the Plaintiff to the Plaintiff to secure the obligation of the said loan (hereinafter “instant loan”). On May 24, 2012, the period of the loan of this case extended to May 25, 2014.
B. On September 11, 2013, A filed an application for commencement of rehabilitation proceedings with the Gwangju District Court 2013hap28, and on October 28, 2013, A commenced rehabilitation proceedings with respect to A.
C. Meanwhile, at the same time, A repaid to the Plaintiff KRW 350,905,702, totaling KRW 50,007,610 on July 31, 2013, which was prior to the application for commencement of rehabilitation procedures, on July 12, 2013, KRW 100,258,772, and KRW 200,639,320 on July 16, 2013, and KRW 350,905,702 on July 31, 2013.
The above rehabilitation procedure against A was abolished on December 16, 2013, and A filed a petition for bankruptcy with the Gwangju District Court on January 15, 2014, and was declared bankrupt on January 29, 2014, and the above court appointed the defendant as the bankruptcy trustee of A.
E. On April 9, 2014, the Defendant filed a claim against the Plaintiff for the denial of the Plaintiff’s repayment of KRW 350,905,702 out of the instant loans from July 12, 2013 to July 31, 2013 by the Gwangju District Court Decision 2014No. 9 (2014Hauhap2) (hereinafter “instant decision”). On February 7, 2017, the said court rendered a decision to the effect that “the Plaintiff shall pay KRW 350,905,702 to the Defendant” (hereinafter “instant decision”).
[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff received reimbursement of KRW 350,905,702 out of the instant loans from A at the time of the instant loan.