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(영문) 서울중앙지방법원 2013.08.14 2012가단126838
보험금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or may be recognized by examining the overall purport of the pleadings in each entry in Gap evidence No. 1 and Eul evidence No. 9 (including all of the paper numbers).

On March 22, 2011, the Plaintiff entered into a contract for each term deposit (hereinafter referred to as “each term deposit in this case”) (hereinafter referred to as “each term deposit”) with 10,000,000 foot (Account Number B, 5.5% of the interest rate, and April 22, 2012 due date) and 20,000,000 foot (Account Number C, 5.5% of the interest rate, and April 22, 2012).

B. After having received a disposition of business suspension from the Financial Services Commission on September 18, 201, the Japanese Savings Bank was declared bankrupt on September 7, 2012 by Seoul Central District Court 201Hahap96, and the Defendant’s bankruptcy trustee was appointed and taken over the instant lawsuit.

C. After the bankruptcy was declared, the Japanese Savings Bank submitted the table of bankruptcy creditors, including each of the instant fixed deposits, to the bankruptcy court, but the Defendant bankruptcy trustee raised an objection to each of the instant fixed deposits as a debt-related deposit at the first creditors meeting on December 6, 2012.

2. The assertion and judgment

A. According to the provisions of the Depositor Protection Act, the Plaintiff claims against the Defendant Corporation the payment of deposit and interest equivalent to the deposit and interest to the Plaintiff who is a depositor on behalf of the Bankrupt Bank. Meanwhile, the Plaintiff’s loan claimed by the Defendant bankruptcy trustee is not the Plaintiff but the Japanese Savings Bank is a substantial debtor, and the Defendant bankruptcy trustee claims that the loan contract is nonexistent or null and void, and that each of the instant fixed deposits constitutes bankruptcy claims.

B. The facts subsequent to the facts of recognition may be found to be without dispute between the parties or by examining the overall purport of the pleadings on the statements in Gap 2, 4, 5, 7, 8, Eul 2, 3, and 4, and witness D's testimony.

(1) On June 12, 2001, the Japanese Savings Bank shall be from CJ Group E on June 12, 2001.

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