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1. The plaintiff's lawsuit against the trustee in bankruptcy of the defendant bankrupt Korea Savings Bank.
Reasons
1. The Plaintiff asserted that the Plaintiff deposited more than KRW 110 million in the Promotion Savings Bank Co., Ltd., but around 16:00 to 17:00 on December 7, 2010, Defendant B, an employee of the Promotion Savings Bank, who was an employee of the Promotion Savings Bank, embezzled the remainder of KRW 50 million by converting the head of a Tong into force and recording only KRW 60 million, and thus, the Defendants are liable to compensate for the damages arising from the tort.
2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that “The right to property arising prior to the declaration of bankruptcy against the debtor shall be a bankruptcy claim” and Article 424 of the same Act provides that “The bankruptcy claim shall not be exercised without resorting to bankruptcy procedures” shall be “the right to property arising prior to the declaration of bankruptcy against the debtor.”
According to the evidence No. 4, it can be acknowledged that the Promotion Savings Bank was declared bankrupt on May 20, 2013 by the Seoul Central District Court 2013Hahap64, and it is evident that the Plaintiff filed the instant lawsuit on September 7, 2015, which was the said bankruptcy after the said bankruptcy was declared.
Therefore, the claim for damages against the Promotion Savings Bank Co., Ltd., the Plaintiff’s claim constitutes a bankruptcy claim, which occurred before the bankruptcy is declared, and thus, the Plaintiff can only report the claim for damages against the tort to the bankruptcy court pursuant to the bankruptcy procedure and seek a final claim inspection judgment, etc. depending on whether the Defendant, the bankruptcy trustee, raises an objection to the above claim report, and it cannot be directly claimed against the bankruptcy trustee as in this part.
Therefore, the part of the claim against the bankruptcy trustee of the defendant bankrupt promotion savings bank corporation among the lawsuit of this case is unlawful.
3. First of all, the Plaintiff’s deposit of KRW 110 million with the Promotion Savings Bank.