물품대금
1. The plaintiff's lawsuit against the defendant A is dismissed.
2. The plaintiff's claim against the defendant B is dismissed.
3...
1. Basic facts
A. The Plaintiff is a stock company with the objective of manufacturing polypropy products. Defendant A (hereinafter “Defendant A”) is a stock company established and registered on April 17, 2001 for the purpose of construction business, such as construction, straw, waterproof, etc., and Defendant B is the representative director of Defendant A.
B. On August 28, 2015, Defendant A filed an application with the Seoul Central District Court for adjudication of bankruptcy, and the bankruptcy procedure was initiated after having been declared bankrupt on September 14, 2015 by the same court as the Seoul Central District Court, and completed the creditors meeting and the claim inspection date on November 26, 2015. The Plaintiff filed a bankruptcy claim report on July 12, 2016 after October 26, 2015, which was due to the period for reporting the claims. However, Defendant A received a decision to discontinue the bankruptcy from the same court on December 16, 2016 and the decision became final and conclusive, and the corporate register was closed on December 21, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 1 and 2, and the purport of the whole pleadings
2. The Plaintiff’s judgment on the legality of the lawsuit against Defendant A sought the payment of the goods to Defendant A, and thus, ex officio examines the Defendant’s capacity as a party.
If the bankruptcy proceedings against a corporation are completed without any remaining assets due to the termination of bankruptcy or the discontinuation of bankruptcy (see, e.g., Supreme Court Decision 89Meu2483, Nov. 24, 1989). The defendant is declared bankrupt on July 19, 2016 by the Seoul Central District Court 2015Hau10133, and the decision was finalized upon the discontinuation of bankruptcy due to the lack of expenses from the same court on December 16, 2016, and the corporate register was closed on December 21, 2016.
In addition, since the plaintiff did not submit any material about the remaining active property of defendant A in the lawsuit of this case, it is reasonable to view that the defendant A was extinguished due to the termination of the bankruptcy procedure.