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(영문) 광주지방법원 2016.01.28 2015가단525792

구상금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

The Plaintiff is seeking the performance of joint and several liability obligations on the ground that the Defendant jointly and severally guaranteed the obligation to reimburse the amount of indemnity of the Sungsung Goods Distribution Co., Ltd.; however, a property claim arising prior to the declaration of bankruptcy, namely, a bankruptcy claim, becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and in principle, the right to file a lawsuit and the execution of an ordinary claim shall be extinguished in principle and become natural and shall lose the ability and executory power. The Defendant was declared bankrupt in the case No. 2015Hadan231 of the Gwangju District Court Decision 2015Hadan231 and the above immunity decision became final and conclusive, and thus, the Plaintiff lost the ability to file a lawsuit and executory power that have ordinary claims due to the

As such, the instant lawsuit is unlawful because there is no benefit in the protection of rights.

Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.