양수금
1. The plaintiff's lawsuit against the defendant A corporation is dismissed.
2. Scope of the property inherited from the net F;
1. When the bankruptcy procedures for a part of the dismissed corporation are terminated without any residual property due to a termination of bankruptcy or discontinuation of bankruptcy, etc., the corporation is extinguished as in the case of termination
(See Supreme Court Decision 89Meu2483 delivered on Nov. 24, 1989, etc.). The Defendant A Co., Ltd. was declared bankrupt on Dec. 26, 2003 by the Gwangju District Court Decision 2003Hahap53 delivered on Dec. 26, 2003, and the bankruptcy proceeding was initiated. However, it is apparent that the corporate register was closed on Feb. 28, 2007, when the decision was finalized upon receiving a decision to discontinue the bankruptcy due to the shortage of expenses from the same court on Jan. 26, 2007.
On the other hand, the plaintiff did not assert or prove the remaining active property of the above defendant in the lawsuit of this case. Therefore, it is reasonable to view that the defendant A corporation has extinguished its legal personality due to the termination of bankruptcy procedures.
Therefore, the plaintiff's lawsuit against the defendant A corporation is illegal and dismissed.
2. The Plaintiff, indicating the claim, filed the instant lawsuit in order to suspend extinctive prescription of the claim, as the transferee of the claim for reimbursement finalized by the judgment of the Gwangju District Court 2007Kadan10478.