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(영문) 수원지방법원 성남지원 2018.02.06 2016가단17520
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a trustee in bankruptcy who was declared bankrupt on September 7, 2012 by the Seoul Central District Court 201Hahap97.

B. The Rab Savings Bank extended a total of KRW 70,200,000 (hereinafter “instant loans”) to the Plaintiff twice as listed below.

On August 23, 2007, the due date for loans of the credit department on the date of lending KRW 49,000,000 for general funds on August 23, 2010, general funds of KRW 21,200,000 for general funds on January 15, 2010.

C. In the Suwon District Court B real estate auction C(combined) case (hereinafter “instant auction procedure”), the auction court distributed the amount of 154,704,907 won (i.e., the principal amount of KRW 70,200,500 interest of KRW 84,504,907), dividends order three priority of distribution order, and dividends order of KRW 1,568,274 to the Suwon Savings Bank on July 15, 2016 (hereinafter “instant auction procedure”).

On the date of the above distribution, the Plaintiff appeared as the debtor and the owner concurrently held the office, and raised an objection to the total amount of dividends of the Flag Savings Bank. On July 22, 2016, the Plaintiff filed the instant lawsuit on July 22, 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including each number), the purport of the whole pleadings

2. The Plaintiff asserts that there is no obligation to pay the instant loan to his Fran Savings Bank, and is disputing this issue.

However, according to the purport of Eul evidence No. 1 and the whole pleadings, the defendant filed a lawsuit with the Seoul Central District Court for the payment of the loan of this case as the plaintiff 2015da119633. The above court rendered a judgment on September 13, 2017 that "the defendant (the plaintiff of this case) shall pay to the plaintiff (the plaintiff of this case) 138,091,997 won and 70,200,000 won with 20% interest per annum from May 15, 2015 to the day of full payment," and the above judgment becomes final and conclusive as of September 30, 2017.

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