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(영문) 서울중앙지방법원 2017.02.02 2016가합22184
배당금반환
Text

1. The Defendant’s KRW 821,667,643 as well as 5% per annum from July 7, 2016 to August 18, 2016 to the Plaintiff.

Reasons

Basic Facts

The Seoul Central District Court 2009Kahap127289 filed a lawsuit for return of unjust enrichment and claim for damages against the Es Savings Bank (hereinafter “Es Savings Bank”) in the bankruptcy of the Es Savings Bank, and the defendant's lawsuit acceptance of lawsuit against the Es Savings Bank (hereinafter "Es Savings Bank").

On September 26, 2012, Es Savings Bank was declared bankrupt by the Incheon District Court 2012Hahap9 on which the said lawsuit is pending, and Esnet changed the above claim for damages into the bankruptcy claim confirmation lawsuit, and reported the above bankruptcy case to the bankruptcy claim amounting to KRW 65,576,181,031 ( principal principal KRW 48,644,681,031, delay damages amounting to KRW 16,931,50,000) as bankruptcy claim.

However, the defendant, who is the trustee in bankruptcy of the House Savings Bank, denied the plaintiff's claim, and taken over the bankruptcy claim confirmation procedure (hereinafter "related case").

On October 15, 2015, the appellate court of the related case (Seoul High Court 2014Na20181) ruled that "Tnet has a bankruptcy claim of KRW 6,215,101,201 (hereinafter "the bankruptcy claim of this case") against the Eas Savings Bank", and the defendant appealed as Supreme Court Decision 2015Da70846, but the above appellate court's judgment became final and conclusive after receiving the dismissal of appeal on February 18, 2016.

Plaintiff

The creditors of Tnet, including the plaintiff of the claim attachment and assignment order, received the claim attachment and assignment order (However, the defendant's intervenor B was a claim attachment and collection order) as shown in the attachment and assignment order table. The remaining creditors except the part of the defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant'

On the other hand, the law firm's mountainous district shall be Ansan District Court on December 17, 2012.

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