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(영문) 부산지방법원 2018.01.11 2016가단305200
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(1) On January 23, 2003, C, a representative director of B (hereinafter referred to as “B”), jointly and severally guaranteed the debt of the loan to the In-Sast Mutual Savings Bank Co., Ltd. on the part of B

(B) On May 26, 2006, the Financial Supervisory Commission made a decision to transfer the assets and liabilities of the Indian Mutual Savings Bank, including the instant guaranteed claims, to the Pacific Mutual Savings Bank (hereinafter referred to as the “Pacific Mutual Savings Bank”), a stock company (hereinafter referred to as the “Pacific Mutual Savings Bank”).

r. on May 9, 2008, Pakistan Mutual Savings Bank filed a lawsuit claiming acquisition money (2008Gahap1865) against C and B with Busan District Court Branch Branch of the District Court (2008Gahap1865).

On April 3, 2009, the above court sentenced C and B jointly and severally to pay KRW 540,572,669 and delay damages for KRW 49,346,064 among them to the Pakistan Mutual Savings Bank (hereinafter "the judgment of this case"). The judgment of this case became final and conclusive around that time.

Article 23(1) of the Civil Act provides that “A person shall file a petition for immunity with the Seoul Central District Court (Seoul Central District Court 2010: 10:38; 1038; 2010Hadan10338); “A person shall file a petition for immunity on April 27, 201; “A person shall file a petition for bankruptcy;” “A person shall file a petition for immunity on June 29, 201;” “A person shall file a petition for immunity on August 4, 2011; and “A person shall file a petition for immunity” (hereinafter “instant exemption”).

However, in the list of creditors submitted by C at the time, the guarantee claim of this case was not indicated.

x. The Defendant is C’s son, and the registration of ownership transfer in the name of the Defendant was completed on November 7, 2014 on November 2, 2012 with respect to D apartment 904 in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

(v) on October 30, 2012, the Pakistan Mutual Savings Bank was declared bankrupt by Busan District Court 2012Hahap7, and the Plaintiff was appointed as a trustee in bankruptcy.

⑹. C은 이 사건 보증채권이...

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