용역비 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant’s main defense defense Plaintiff concluded a maintenance contract with a medical corporation C Medical Foundation (hereinafter “Bankruptcy Medical Foundation”) and renewed the contract on a yearly basis. The Defendant asserted that the Bankruptcy Medical Foundation did not pay KRW 95,879,93 for the 12-month maintenance and repair amount from October 25, 2015 to September 30, 2016, and filed the instant lawsuit against the Defendant, a bankruptcy trustee of the Bankruptcy Medical Foundation, claiming the above maintenance and repair amount.
As to this, the defendant asserts that the lawsuit of this case is unlawful, we examine the legitimacy of the lawsuit of this case.
2. Article 423 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that any property claim arising from any cause before the debtor is declared bankrupt shall be a bankruptcy claim against the debtor (Article 423) and any bankruptcy claim shall not be exercised without resorting to bankruptcy procedures.
(4) Article 424 of the Debtor Rehabilitation Act provides that any bankruptcy creditor shall report his/her bankruptcy claim within the period set by the court (Article 447). The court shall inspect the reported bankruptcy claim and enter the result thereof in the table of bankruptcy creditors (Article 459). When an objection is raised in the course of investigating the bankruptcy claim, the existence and details of the bankruptcy claim shall be determined through the judgment in claim allowance proceedings (Article 462). When an objection is raised in the course of investigating the bankruptcy claim, any person dissatisfied therewith may file a lawsuit for objection (Article 463). A bankruptcy creditor may file a lawsuit for objection (Article 463).
(Article 465) In full view of the respective descriptions of the evidence Nos. 1-2 and No. 2-2 and the purport of the entire pleadings, the Bankruptcy Medical Foundation was declared bankrupt on July 14, 2017 by Busan District Court Decision 2017Hau103, and the Defendant was appointed as bankruptcy trustee on the same day.
According to the above facts, the plaintiff asserts in this case.