beta
Text
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 25, 2010, the Plaintiff lent KRW 500 million to C on November 25, 2010, setting the due date for repayment as set by November 25, 2010. The Plaintiff filed a lawsuit against C on the loan claim and received a judgment in favor of C, and the said judgment became final and conclusive.
Seoul Central District Court Decision 2016Kahap1965 Decided August 10, 2016 (Seoul Central District Court Decision 2015Da1965).
C operated a lending company with the trade name in Jung-gu Seoul Special Metropolitan City D, while collecting funds from all the owners of the Plaintiff, etc., and paying profits to all the owners by lending funds to the listed company or acquiring new stocks through participation in capital increase with capital increase. From June 2010, the rehabilitation procedure began around April 201 with respect to F, and the rehabilitation claim against C with respect to F was finalized to five billion won.
(Seoul Central District Court Order 201Doo844 dated November 12, 201).
C On November 14, 2013, the Defendant transferred KRW 700 million (hereinafter “instant assignment of claims”) out of F’s claims listed in the [Attachment List (hereinafter “instant rehabilitation claims”) to the Defendant, and notified F of the assignment of claims on December 2, 201.
F’s rehabilitation administrator: (a) on April 4, 2014, on the grounds that the instant rehabilitation claim competes with the provisional attachment of G and nine other persons; (b) deposited KRW 747,365,385 by designating the deposited person as “C or the Defendant” (Seoul Central District Court 2014 No. 7153; hereinafter “instant deposit”); and (c) on September 17, 2014, the Defendant paid KRW 247,365,385, excluding the amount of KRW 500,000,000, which was provisionally seized, out of the instant deposit.
E. On November 5, 2014, C and the Defendant withdrawn the remainder of KRW 500 million, excluding KRW 247,365,385, which was already released by the Defendant, from the assignment of the instant claims, and C notified F of the partial withdrawal of the assignment of claims to the rehabilitation administrator.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, Gap evidence 12, Eul evidence 8, 14, and 15 (including the provisional number), and arguments.