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(영문) 인천지방법원 2016.12.23 2016가합52292
채권자 대위에 기한 대여금 반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 26, 2012, Es Savings Bank was declared bankrupt by the Incheon District Court (No. 2012Hahap9) and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

B. As of January 13, 2012, the bankruptcy debtor bank Eul Savings Bank (hereinafter “ES Savings Bank”) filed an application against B for a payment order (Seoul District Court 2012 tea587) against B, the court decided that “B shall pay 18,60,000,000 won to ES Savings Bank jointly and severally with a comprehensive terminal care corporation and 10,200,000,000 won from June 26, 2011 to 5,40,000,000 won from June 26, 2011, to 3,00,000,0000 won from June 12, 2011 to 25% per annum from June 29, 2011.”

As of March 15, 2012, the administrator C of the ES Savings Bank filed an application for payment order against B, “B shall pay to C the manager of the ES Savings Bank the amount of KRW 8700,000,000 and the amount of KRW 25% per annum from June 29, 2011 to the date of full payment.” This payment order became final and conclusive on April 4, 2012.

As of June 27, 2013, the Plaintiff filed an application with B for a payment order (Seoul District Court 2013 tea7384). As of June 27, 2013, the court ordered B to pay to the Plaintiff KRW 250,00,000,000 with D, jointly and severally, within the limit of KRW 325,00,000, and the amount of KRW 13.5% per annum from May 21, 2012 to July 9, 2012, and the amount of KRW 25% per annum from July 10, 2012 to the date of full payment. This payment order was finalized on July 8, 2013.

The Plaintiff filed an application against B for a payment order (Seoul District Court 2013 tea 7451). The court held as of July 15, 2013 “B” as to KRW 14,00,000,000 and KRW 11,00,000,000 among them within the limit of KRW 18,20,000,000,000.

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