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(영문) 수원지방법원 2020.08.20 2020가단4733

물품대금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Judgment on the main defense of this case

A. The gist of the Defendant’s defense is as follows: (a) the Plaintiff sought payment of KRW 50,005,500 from March 2018 to August 31, 2018 for the amount of unpaid goods related to the products that were supplied to Company B as the instant lawsuit; (b) however, the said goods-price claim (hereinafter “instant claim”) was a bankruptcy claim reported to the bankruptcy court by the Plaintiff as a bankruptcy claim, and became final and conclusive by the Defendant; and (c) thus, the instant lawsuit is unlawful as there is no benefit of lawsuit.

B. Determination 1) When a party is declared bankrupt, the litigation procedures relating to the bankrupt estate shall be suspended (Article 239 of the Civil Procedure Act), and any bankruptcy claim, which is a property claim arising from a cause before the bankruptcy is declared against the debtor, cannot be exercised without resorting to bankruptcy procedures (Articles 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act). If the debtor is declared bankrupt while the lawsuit on the bankruptcy claim is pending, the litigation procedures shall be suspended, and any bankruptcy creditor shall report his claim to the competent court of the bankruptcy under the conditions as prescribed by the Debtor Rehabilitation and Bankruptcy Act. When the claim is confirmed as the same as the reported claim has no objection to the bankruptcy claim, the lawsuit pending becomes final and conclusive as the reported claim is groundless as there is no interest in the lawsuit (see Supreme Court Decision 201Da31792, Aug. 26, 2010); according to the overall purport of oral proceedings, B is not disputed between the parties, or B is declared bankrupt within the period of the Plaintiff’s bankruptcy claim inspection period, which is the Seoul 2000.