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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant C shall have the scope of the property inherited from the network D.
Reasons
1. Basic facts
A. The Korea Deposit Insurance Corporation filed a claim for damages with the Daegu District Court 2003Gahap10036 against F, Defendant B, network D, etc. as bankruptcy trustee of the bankrupt E Union.
B. On October 22, 2007, the above court rendered a ruling of recommending reconciliation with respect to the remaining Defendants except F and Defendant B, which are under way of service by public notice among the Defendants of the above case, or under the status of deeming confessions, and among them, the network D made a ruling of recommending reconciliation with the content that “the bankruptcy trustee of the bankrupt E Union shall pay KRW 104,80,000 to the bankruptcy trustee of the bankrupt E Union until December 31, 2007, and if delay occurs, it shall pay the amount calculated by adding the amount calculated by 15% per annum to the amount calculated by adding the amount calculated by 15% per annum (hereinafter “the ruling of recommending reconciliation of this case”). The decision of recommending reconciliation of this case was
C. On December 11, 2007, the above court rendered a judgment against the remaining Defendants as follows: (a) from February 3, 2004, the bankruptcy trustee of the Association; (b) from February 3, 2004, the amount of KRW 194,287,00 and the amount of KRW 419,739,00 jointly and severally with the network D; (c) from July 22, 2003, the amount of KRW 194,287,000 jointly and severally with the F; and (d) from July 23, 2003, the amount of KRW 58,00,000 and the amount of KRW 20% interest per annum from November 8, 2003 to the date of full payment (hereinafter referred to as the “instant judgment”); and (c) the judgment became final and conclusive as it is.
On July 6, 2009, the Korea Deposit Insurance Corporation transferred to the Plaintiff (K) the remaining damage claim of KRW 107,835,945 of the remainder damage claim of KRW 194,287,00, which was finalized by the instant judgment, and KRW 18,471,780 of the remainder damage claim of KRW 104,80,000, which was finalized by the instant decision of recommending reconciliation, to the Defendant B and network D, respectively, and on the same day, notified each of the transfers to the Defendant B and networkD.
E. As of April 30, 201, Defendant B entered the Plaintiff according to the instant judgment.