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(영문) 서울중앙지방법원 2017.09.08 2017가합23597
양수금
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. On May 17, 2007, the bankrupt joint bankruptcy trustee D, and E filed a lawsuit against the Defendants and F, G, H, I, J, and K for damages. The above court rendered a judgment on May 17, 2007 as follows: “The bankruptcy trustee D, E, and F, the amount of KRW 449,50,00, G, H, and Defendant A paid 269,70,000 among the above 449,50,000, KRW 269,70,000 among the above 440,000, KRW 70,000, KRW 269,50,000 among the above 449,50,000, KRW 269,70,000 among the above 20,000, KRW 709,000 among the above 50,000, KRW 409,705,000 among the above 5,05.

(hereinafter referred to as the “instant final judgment”). B.

After that, on July 13, 2012, the Korea Deposit Insurance Corporation, which was the trustee in bankruptcy of the bankrupt C Co., Ltd, transferred to the Plaintiff the instant final and conclusive payment claim against the Defendants, and notified the Defendants of the assignment of the said claim on July 27, 2012.

C. Meanwhile, the Defendant A filed a petition for immunity with the Seoul Central District Court Decision 2010Hadan15882, 2010 15882, the Seoul Central District Court rendered a petition for immunity and immunity, and the said court rendered a decision to grant immunity on August 22, 2011 and the said decision to grant immunity became final and conclusive on September 6, 2011.

At the time, Defendant A entered his claim based on the final judgment of the case in the list of creditors.

Defendant B filed a bankruptcy and application for immunity with the Daegu District Court Decision 2012Hau4560, 2012Hau4560, and 4560. On July 9, 2013, the said court rendered a decision to grant immunity and the said decision to grant immunity became final and conclusive on July 24, 2013.

Defendant B also entered the claim based on the final judgment of the bankrupt C Co., Ltd. in the list of creditors.

[Ground of recognition] A.

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