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(영문) 서울중앙지방법원 2016.11.22 2016가단26011
면책확인
Text

1. The bankruptcy trustee of the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation, Inc., the defendant bankruptcy debtor company.

Reasons

1. Facts of recognition;

A. On December 16, 2009, Seoul Eastern District Court Decision 2009Gabu678503 filed a lawsuit against the plaintiff, and rendered a favorable judgment against the plaintiff that "the plaintiff shall pay the plaintiff 2,170,019 won and the amount calculated at the rate of 20% per annum from December 9, 2009 to the day of complete payment" with the effect that "the plaintiff shall pay the plaintiff 2,170,019 won and the amount calculated at the rate of 20% per annum from December 9, 2009 to the day of full payment. The above judgment became final and conclusive around that time, and the Korea Deposit Insurance Corporation was declared bankrupt for the

B. On January 16, 2015, the bankruptcy trustee of a mutual savings bank on the preceding day of the Defendant’s bankruptcy debtor, the Korea Deposit Insurance Corporation filed a lawsuit against the Plaintiff on the claim for loans (the amount leased by a mutual savings bank on the preceding day of a stock company) with the Jeonju District Court Decision 2014Da75338, and rendered a favorable judgment that “the Plaintiff shall pay to the bankruptcy trustee of a mutual savings bank on the preceding day of the bankruptcy debtor, the amount of KRW 1,985,911 and the amount calculated at the rate of 49% per annum from December 24, 2003 to the date of full payment,” and the said judgment became final

C. On the other hand, on July 28, 2014, the Plaintiff was granted immunity in the Seoul Central District Court Decision 2014Da2224, and in the case of adjudication of bankruptcy 2014Hadan2224, which was after the occurrence of each of the above obligations, and the said immunity became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1, 1 and 1, the purport of the whole pleadings

2. According to the above findings of the determination, each of the above obligations owed to the Plaintiff’s Il-il Mutual Savings Bank and the same on the preceding day was exempted from immunity.

I would like to say.

The above Jeonju District Court Decision 2014Da75338 Decided January 16, 2015 ruled that the pleading is terminated after the plaintiff was granted immunity and became final and conclusive. However, while the debtor made a qualified acceptance, the creditor filed a lawsuit.

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