물품대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the records of this case, the following facts can be acknowledged. A.
From January 15, 2015 to April 14, 2015, the Plaintiff sold trees equivalent to KRW 138,190,000 to the Defendant, but filed an application for payment order as stated in the purport of the claim with the Daejeon District Court of Seosan Branch on November 20, 2015, on the ground that the Plaintiff did not receive KRW 31,890,000 among them.
B. On November 19, 2015, the Defendant was declared bankrupt in Incheon District Court 2015Hau29, and the attorney A was appointed as the Defendant’s bankruptcy trustee on the same day.
2. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), any property claim that accrues before the debtor is declared bankrupt is a bankruptcy claim, and any bankruptcy claim cannot be exercised without resorting to bankruptcy procedures, and any bankruptcy creditor shall file a report on his/her bankruptcy claim within the period determined by the court.
The court shall inspect the reported bankruptcy claims and enter the result thereof in the table of bankruptcy creditors and, when any objection is raised in the inspection of bankruptcy claims, determine the existence and details of the bankruptcy claims through the final inspection judgment, and any person dissatisfied therewith may file a lawsuit raising an objection thereto.
As seen earlier, the fact that the Defendant was declared bankrupt by the Incheon District Court 2015Hahap29 on November 19, 2015 constitutes a bankruptcy claim with respect to the claim for the purchase-price of trees claimed by the Plaintiff as a property claim arising from a cause arising before bankruptcy is declared, and thus, the Plaintiff’s claim is unlawful as it seeks the performance of the bankruptcy claim, instead of going through bankruptcy proceedings.
In addition, the instant lawsuit was filed on November 20, 2015, which was after the date bankruptcy was declared against the Defendant, and even if there is an objection to the said bankruptcy claim during the bankruptcy procedure, the Plaintiff filed a motion to resume the lawsuit with the interest as the other party to the lawsuit and sought the claim.