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Reasons
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(영문) 부산고등법원 2015.03.26 2013나53038 (1)
청구이의
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1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3.The ancillary.

Reasons

1. Basic facts

A. 1) The defendant is the bankrupt comprehensive financial company of the bankrupt's resistance (hereinafter referred to as the " bankrupt").

3) After opening a comprehensive storage passbook, the Plaintiff purchased the Promissory Notes with a total face value of KRW 114,000,000,000 including the Promissory Notes with a total of KRW 9,00,000 issued by Samsung General Chemical Co., Ltd. (hereinafter “Purchase Promissory Notes”).

(2) On the other hand, on the other hand, the bankrupt did not receive the actual object and deposited the bill in the comprehensive custody passbook issued by the bankrupt in the name of the defendant. The defendant requested the bankrupt to withdraw the bill with the maturity of the above bill from December 1997 to January 1, 1998. The bankrupt initially purchased the bill and presented it to each issuing company to pay the bill deposited in the passbook and collected the bill, and on February 1998, the bankrupt issued the bill to the defendant as a total of 114,00,000,000 won (hereinafter referred to as the "delivery bill of this case").

3) The Defendant’s total face value of the Promissory Notes not recovered at the time of May 8, 2001 is 52,130,000,000 won, and the sum of face value of the Promissory Notes is also the same as the sum of the Promissory Notes issued. Of the Promissory Notes issued in this case, the Defendant’s construction of walls (hereinafter “construction of walls”).

The par value of this issued bill is 3,200,000,000 won.

B. The bankrupt is subject to the disposition of revocation of business authorization by the Minister of Finance and Economy on February 17, 1998; and

9. On July 14, 2000, the Plaintiff was declared bankrupt by Busan District Court 98Ha21 (hereinafter “instant bankruptcy”). On March 20, 201, the Plaintiff was appointed as the bankruptcy trustee.

C. 1 The defendant filed a report on the total amount of KRW 55,631,965,507 of the issued bill of this case as bankruptcy claim. As the trustee in bankruptcy denies all of them on the claim inspection date executed on December 23, 1998, the above trustee in bankruptcy.

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