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(영문) 서울중앙지방법원 2018.09.06 2017가합582355
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) On March 5, 2012, a mutual savings bank, seen as one of the parties, was declared bankrupt on March 5, 2012 by the Gwangju District Court 201Hahap1, and the Plaintiff was appointed as a trustee in bankruptcy on the same day. 2) Taeju Co., Ltd. (hereinafter referred to as “ Taeju”) was decided to commence rehabilitation procedures on December 28, 201, but was decided to discontinue rehabilitation procedures on August 31, 2012, prior to authorization for the rehabilitation plan.

(A) After the rehabilitation procedures, the rehabilitation procedures were commenced on October 16, 2012 by the Changwon District Court 2012 Joint 41 (hereinafter “the first rehabilitation procedures”). On April 14, 2014, the rehabilitation plan was resolved and the rehabilitation plan was decided by the said court on the same day.

(2) After the date of the above authorization according to the rehabilitation plan, Thailand established a T-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

On June 2, 2014, the defendant merged Twits Co., Ltd.

B. On August 11, 2011, Thailand filed a lawsuit against Lanhae Mutual Savings Bank seeking confirmation of the non-existence of an obligation under a credit transaction agreement concluded on November 16, 201 with the Lanhae Mutual Savings Bank (Seoul District Court Decision 201No2468, hereinafter “related case”). (Canju District Court Decision 201No2468, hereinafter “relevant case”).

(2) Under the first rehabilitation procedure, the Plaintiff filed a counterclaim seeking confirmation of the instant rehabilitation claim in the relevant case on March 20, 2012, where the Plaintiff took over the litigation procedures of the Korea Mutual Savings Bank, as a result, reported the instant rehabilitation claim based on the said credit transaction agreement (hereinafter “instant rehabilitation claim”) as a rehabilitation claim.

(B) On February 6, 2013, the Plaintiff filed a subsequent report on the instant rehabilitation claim in the rehabilitation procedure on February 6, 2013.

3. Relevant.

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