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(영문) 부산지방법원 2019.09.27 2019나45098

전부금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 15, 2016, the Plaintiff: (a) obtained an order of seizure and assignment of the claim amounting to KRW 60,000,000 against D Co., Ltd. as to the processed price claim amounting to KRW 10,000 which D Co., Ltd. owns against the Defendant by Changwon District Court 2016TT3095, Changwon District Court 2016, Apr. 15, 2016.

The above order was served on April 20, 2016 on the Defendant, and on April 25, 2016 on D Co., Ltd. respectively.

B. On August 20, 2018, the Defendant was declared bankrupt on August 20, 2018 by Changwon District Court 201:20 Changwon District Court 2018Hahap10036, and attorneys C was appointed as bankruptcy trustee, and the period for reporting the obligation was designated by September 20, 2018.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2, significant facts in this court, the purport of the whole pleadings

2. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”), any bankruptcy claim shall not be exercised without resorting to bankruptcy procedures (Article 424), and any bankruptcy creditor shall report any bankruptcy claim within the period set by the court (Article 447). The court shall investigate any reported bankruptcy claim and enter the result thereof in the list of bankruptcy creditors (Article 459). If an objection is raised in the investigation of any bankruptcy claim, the court shall determine whether any bankruptcy claim exists and details thereof in the list of bankruptcy creditors (Article 462), and the person dissatisfied therewith may file a lawsuit of objection (Article 463). The bankruptcy creditor may file a lawsuit of objection only with the matters entered in the list of bankruptcy creditors, which are subject to the final claim inspection judgment or file a lawsuit of objection (Article 467).

(Article 465). On the other hand, when a debtor is declared bankrupt while a lawsuit on a bankruptcy claim is pending, the litigation procedures shall be interrupted (Article 239 of the Civil Procedure Act), and any bankruptcy creditor shall report his/her claim to the competent court in the bankruptcy case in accordance with the Debtor Rehabilitation Act.

In the claim investigation procedure, it is confirmed that there is no objection to the bankruptcy claim, and the claim is confirmed as reported.