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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 26, 2012, ES Savings Bank Co., Ltd. (hereinafter “ES Savings Bank”) was declared bankrupt by the Incheon District Court (No. 2012Hahap9), and the Plaintiff was appointed as the trustee in bankruptcy on the same day.
B. (1) On January 13, 2012, the Incheon District Court: (a) filed an application for the payment order with the Es Savings Bank for the Es Savings Bank’s credit (hereinafter collectively referred to as “each of the instant bonds”) with B; (b) issued an order with the Es Savings Bank for KRW 18,60,000,000 among the bonds and KRW 10,200,000 among the bonds and KRW 10,200,000 from June 26, 2011 with the Es Savings Bank’s credit for KRW 5,40,000,000 from June 12, 201, for KRW 3,000,000,000 from June 29, 201 to the date of full payment; and (c) issued the payment order with the annual payment order for KRW 25% from June 29, 201 to the date of full payment.
(2) On March 15, 2012, the Incheon District Court issued a payment order (No. 2012j3350) stating that “B shall pay 8,700,000,000 won to the administrator C of the House Savings Bank and 25% interest per annum from June 29, 2011 to the date of full payment.” The said payment order was finalized on April 4, 2012.
(3) On June 27, 2013, the Incheon District Court issued a payment order (A) stating that “B shall pay 250,000,000 won to the Plaintiff and 13.5% per annum from May 21, 2012 to July 9, 2012, and 25% per annum from July 10, 2012 to the date of full payment (2013 tea7384).” The above payment order was finalized on July 8, 2013.
(B) From May 23, 2010 to August 23, 2010, the Incheon District Court: (a) up to the limit of KRW 18,200,000,000; and (b) up to the limit of KRW 11,00,000,000 among the above, the amount of KRW 13.5% per annum from May 23, 2010 to the date of full payment; (b) from August 24, 2010 to the date of full payment; and (c) the amount of KRW 3,00,000,000 per annum from May 8, 2010 to the date of full payment; and (d) the amount of KRW 25% per annum from August 24, 201 to the date of full payment.