logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.02.20 2017가단113153
대여금 등
Text

1. The lawsuit against the defendant C, the plaintiff's taking over the lawsuit, shall be dismissed.

2. Rehabilitation claims against the defendant A by the plaintiff for the defendant C are on 116.

Reasons

1. Facts of recognition;

A. From November 1, 2013 to April 10, 2017, Plaintiff A lent KRW 307,188,100 to Defendant C by means of transfer from his or her husband D’s deposit account or by means of transfer without passbook.

B. The plaintiff A is the above.

In addition to the amount described in paragraph (1), in cash, ① KRW 10,00,00,00 borrowed from E around February 20, 2016; ② KRW 5,000,000,000, which borrowed precious metals from pawnpos as security on May 23, 2016; ③ on April 5, 2017, the expenses for cancellation of the attachment of the National Health Insurance Corporation; ④ KRW 6,90,000,000 borrowed from F on February 28, 2017; ⑤ around KRW 6,00,000,00 lent from G ASEAN around February 20, 200, KRW 38,90,000 in total from H around February 20, 200; and ④ lent from Defendant C’s subrogation to Defendant C around 100,000, KRW 10,0000.

C. On May 10, 2017, Defendant C completed the registration of ownership transfer based on sale on April 25, 2017, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

On August 10, 2018, when the lawsuit of this case was pending, Defendant C was decided to commence individual rehabilitation procedures (2017da20164), and Plaintiff C’s loan claims are also included in the rehabilitation claim list.

E. After Defendant C decided to commence individual rehabilitation procedure, the court ex officio determined Defendant C as a litigation receiver of Plaintiff C and ordered the continuation of the litigation procedure according to the fact that Defendant C did not take over the creditor’s revocation claim portion against Defendant B among the instant lawsuit.

【Reasons for Recognition】 Each entry in the evidence of No. 1 through 3, 5, 8, 11, 19, 20, 21, 23, 24, 25, 27, 28, 4, and 4, and the purport of the whole pleadings

2. According to Articles 584, 347(1) and 406 of the Debtor Rehabilitation and Bankruptcy Act regarding the legality of the portion of the creditor’s revocation claim against Defendant B (hereinafter “Rehabilitation Act”), the debtor exercises the right to set aside after the decision to commence individual rehabilitation procedures has been rendered.

arrow