beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that operates communications, public charges, and service business, and its trade name was changed from “Stock Company E” on November 7, 2017 to “D”.
hereinafter referred to as “D”
(2) On September 8, 2018, the Plaintiff was a parent company holding 12,100,000 shares of common shares issued by D. 2) The Plaintiff, a representative director of D, organized 150 shares of D and the agent federation with G, etc. around August 2017, and established H (hereinafter referred to as “H”) for the purpose of small cargo specialized transport business (house transport business) on September 8, 2018.
3) Meanwhile, F, G, etc. are B Co., Ltd. (hereinafter “B”) for the purpose of the transportation business specialized in small cargo on November 16, 2017.
(1) On June 5, 2019, B was declared bankrupt by Suwon District Court Decision 2019Hau132, and the attorney C was appointed as a bankruptcy trustee and taken over the instant lawsuit (hereinafter referred to as “Defendant Company”) and the attorney C, a bankruptcy trustee, is called “Defendant”.
B) B. B. D’s loan agreement, Plaintiff’s pledge right creation and subrogation 1) D obtained a loan from the Korea Development Bank on August 28, 2017 with a maturity of KRW 2.5 billion as of August 27, 2018. On the same day, the Plaintiff entered into a contract under which the Korea Development Bank and the Korea Development Bank set the collateral limit of KRW 3 billion for a term deposit claim of KRW 2.5 billion against the Plaintiff’s IBK Bank as security for the above D’s loan obligation, and on the same day, notified the IBK Bank of the fixed date pledge pledge, and IBK Bank consented to the above fixed date pledge.
2 D could not repay the loan to the Korea Development Bank until August 27, 2018, which is the maturity date of the above loan, and the IBK Bank established a pledge as a substitute payment for D's above loan to the Korea Development Bank on August 28, 2018 with the consent of the plaintiff.