beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff’s provisional attachment 1) The Bankrupt Corporation A (hereinafter “Bankruptcy Bank”)
(2) On March 10, 2004, G concluded a credit transaction agreement with E Co., Ltd. and extended KRW 2 billion to the above company on the same day. At that time, G jointly and severally guaranteed the above loan obligations to the bankrupt bank by setting the collateral guarantee limit amount to KRW 1.95 billion. The bankrupt bank concluded a credit transaction agreement with F Co., Ltd. on March 10, 2004 and borrowed KRW 1.00 billion to the above company on the same day. At that time, G at the time, the bankrupt bank guaranteed the above loan obligations to the bankrupt bank with the collateral guarantee amount to KRW 1.3 billion.2) On February 25, 2010, the bankrupt bank obtained a provisional attachment order (the Jeju District Court 2010Kadan5777) on the real estate (hereinafter “instant real estate”) listed in the list of G’s separate records as the secured claim, and the provisional attachment registration was completed on the same day.
3) The bankrupt bank was declared bankrupt on April 16, 2010, and the Plaintiff was appointed as the bankruptcy trustee. 4) On October 25, 2011, the Jeju District Court ordered the payment of the order of “G to pay to the Plaintiff KRW 3,250,000,000” (201j3058), and the above payment order was finalized on November 15, 2011.
On September 29, 2008, G assaulted the Defendant on September 29, 2008, and received a summary order of KRW 700,000,000 from Daejeon District Court on December 2, 2008 due to the above criminal facts. The Defendant filed a lawsuit against G on January 16, 2009 (Seoul District Court Decision 2009DaDa10806), and on February 6, 2009, with respect to the above case, “G shall pay to the Defendant an amount of KRW 6,085,969 and KRW 20% per annum from the day following the delivery of a copy of the complaint to the date of complete payment.” The Defendant was decided to recommend performance on February 27, 2009, and the above decision became final and conclusive on August 7, 2013).