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(영문) 서울중앙지방법원 2017.04.06 2013가단164004
손해배상(기)
Text

1. The plaintiff's lawsuit against the bankruptcy trustee of the defendant bankrupt Korea Savings Bank Corporation.

Reasons

1. Basic facts

A. The Plaintiff, a creditor of A, made the debtor A and the third debtor as the Korea Savings Bank, applied for a provisional disposition prohibiting the disposal of the claim against the Korea Savings Bank in Seoul Central District Court Decision 2012Kadan4428 (hereinafter “instant deposit claim”). The said court rendered a ruling accepting the application on August 24, 2012, and the said ruling was the same year.

8. 30. The service was made to the Korea Savings Bank.

(hereinafter “instant provisional disposition order”). B.

However, on September 10, 2012, the Defendant Deposit Insurance Corporation paid KRW 50 million as insurance money to the instant deposit claim on September 10, 2012.

C. The Korea Savings Bank was declared bankrupt on April 30, 2013 in the Seoul Central District Court Decision 2013Hau47, Seoul Central District Court Decision 2013Hau47.

In the above case of adjudication of bankruptcy, the Plaintiff filed a claim for damages of KRW 50 million against the Korea Savings Bank as a bankruptcy claim, and the Korea Deposit Insurance Corporation of the Korea Savings Bank raised an objection against the above bankruptcy claim at the claim inspection date held on July 14, 2016.

[Reasons for Recognition] Each entry (including paper numbers) in Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. When the trustee in bankruptcy or any bankruptcy creditor raises an objection to the contents of any bankruptcy claim reported in the course of examining the bankruptcy claim determination claim, the bankruptcy creditor who holds the bankruptcy claim may file an application with the court for a judgment in claim allowance proceedings with all of the objectors as other parties, in order to determine the contents thereof, and the application shall be filed within one month from the general inspection date or the special inspection date to inspect the bankruptcy claim to which an objection is raised;

(Article 462(1) and (5) of the Debtor Rehabilitation Act. In addition, in cases where a lawsuit is pending in respect of any disputed bankruptcy claim at the time bankruptcy is declared, when the creditor intends to seek the confirmation of such right, he/she shall raise an objection.

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