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(영문) 서울중앙지방법원 2020.09.11 2020가단5058034

구상금

Text

1. The Plaintiff:

A. As regards Defendant A’s KRW 50,000,000 and its:

B. Defendant B succeeds to the deceased C.

Reasons

1. Indication of claims: To be as shown in attached Form of claims;

2. Judgment on deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

3. The Defendants filed an application for bankruptcy of inherited property with respect to the deceased C (hereinafter “the deceased”)’s inherited property, and received a ruling of bankruptcy of inherited property around July 24, 2020. Defendant A filed a petition for bankruptcy with the Suwon District Court under the head of Suwon District Court under the head of 2020Hadan1929. As such, the Defendants filed an application for the resumption of pleadings or the interruption of litigation procedures.

However, Article 346 of the Debtor Rehabilitation and Bankruptcy Act provides, “The declaration of bankruptcy against inherited property shall not affect the qualified acceptance.” Thus, even if the inherited property of the deceased is declared bankrupt upon the request of the Defendants, the above obligation inherited by Defendant B by the qualified acceptance is not affected. Thus, Defendant B’s assertion is without merit, and the litigation procedures relating to the bankrupt estate are suspended at the time the parties are declared bankrupt (Article 239 of the Civil Procedure Act), the bankruptcy claim, which is a property claim arising before the bankruptcy is declared against the debtor, cannot be exercised without resorting to the bankruptcy procedure (Articles 423 and 424 of the Debtor Rehabilitation Act), and the fact that Defendant A filed a petition for bankruptcy does not constitute a justifiable ground for refusing the Plaintiff’s claim, and thus, the Defendants’ motion for resumption of the pleading cannot be rejected.