logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.10.21 2016가단6940
대여금반환
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C: (a) KRW 130,023,400 for the Plaintiff and its related amount on May 5, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 3, and 4, as to the legitimacy of the lawsuit against Defendant B, the Plaintiff loaned KRW 130,523,400, a sum of five times between August 1, 2013 and February 17, 2015 to Defendant B without the due date. Defendant B was declared bankrupt on February 4, 2016 by Daejeon District Court 2015Hadan2862, and D was appointed as the bankruptcy trustee, and as of the date of the closing of the proceedings in this case, the fact that the said bankruptcy procedure is still in progress.

In a lawsuit relating to the bankrupt foundation, the bankruptcy trustee is the party (Article 359 of the Debtor Rehabilitation and Bankruptcy Act), and as long as Defendant B was declared bankrupt on February 4, 2016, prior to the filing of the lawsuit in this case, and the bankruptcy trustee is appointed on February 4, 2016, the loan claim in this case constitutes a bankruptcy claim, which is a property claim arising from a cause arising before the bankruptcy in this case is declared, and thus, the lawsuit against Defendant B is unlawful since

Even if the Plaintiff filed a lawsuit against Defendant B’s bankruptcy trustee, pursuant to Article 424 of the Debtor Rehabilitation and Bankruptcy Act, bankruptcy claims cannot be exercised without resorting to bankruptcy proceedings. Thus, the instant lawsuit seeking the performance of the instant loan claim, which is a bankruptcy claim, is unlawful as a result of a civil lawsuit, rather than bankruptcy proceedings.

2. Indication of the claim for determination as to the claim against Defendant C - The amount of KRW 130,523,400,000 on August 1, 2013, the amount of KRW 9,733,400 on August 19, 2014, the amount of KRW 40,000 on September 11, 2014, the amount of KRW 20,000 on September 20, 2014, the amount of KRW 130,523,40 on the aggregate of KRW 130,523,00 on February 17, 2015, the amount of KRW 50,000 on September 21, 2015, the Plaintiff’s husband of Defendant B paid to the Plaintiff by public notice on September 1, 2015 (the remainder of the agreement by public notice on September 16, 2015).

arrow