채무부존재확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On March 2, 2002, New Reconstruction Mutual Savings Company was a new mutual savings bank, a new mutual savings bank, and again, on December 6, 2002, the mutual name was changed into a new mutual savings bank.
In 2002, the Inssast Mutual Savings loaned KRW 3,000,000 to the Plaintiff (hereinafter “the instant loan”).
B. On July 21, 2005, the AV Mutual Savings was ordered by the Financial Supervisory Commission to make decisions and improve the management of insolvent financial institutions.
On May 26, 2006, the Financial Supervisory Commission made a decision to transfer the assets, liabilities, and contractual status, which form the basis of the occurrence of the loans in this case, including the loans in this case, to the Pakistan Savings Bank (hereinafter “SPS Savings Bank”).
C. On March 12, 2008, the Pakistan Savings Bank filed a lawsuit against the plaintiff on the claim for the acquisition of the loan claim of this case with Busan District Court 2008Gaso34466, and was sentenced on June 25, 2008 to "the defendant (the plaintiff of this case) shall pay to the Pakistan Savings Bank 2,702,929 won and 30% interest per annum from April 6, 2006 to the day of full payment" (hereinafter "the judgment of this case").
The instant judgment became final and conclusive on July 16, 2008. D.
On October 30, 2012, the Pakistan Savings Bank was declared bankrupt by Busan District Court 2012Hahap7.
The defendant was appointed as a trustee in bankruptcy on the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 through 4 (including paper numbers) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserted that the Plaintiff met the entire obligation of the instant loan.
After the transfer of the loan claim of this case, the Pakistan Savings Bank received the decision of this case by public notice by filing a lawsuit against the plaintiff.
On the other hand, the loan obligation of this case is due.