대여금
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to the record as to the legitimacy of the appeal of this case, the court of first instance rendered a judgment citing the Plaintiff’s claim on January 9, 2018 after delivering a copy of the complaint against the Defendant and a notice of the date of pleading by public notice, to the Defendant by means of each service. The original copy of the judgment was also served on the Defendant by public notice, and the Defendant became aware of the fact that the first instance court rendered a judgment on March 14, 2018, and filed an appeal of this case on March 16, 2018, within two weeks thereafter. Thus, the appeal of this case is lawful.
2. According to the Debtor Rehabilitation and Bankruptcy Act, all the property owned at the time the debtor declared bankrupt belongs to the bankrupt estate (Article 382(1)), and the right to manage and dispose of the bankrupt estate belongs to the bankruptcy trustee (Article 384), and the trustee in bankruptcy is the party in bankruptcy in the lawsuit against the bankrupt estate (Article 359). According to the health records and records as to the instant case, it is recognized that the bankruptcy was declared against the plaintiff on September 12, 2016 as the Seoul Central District Court Decision 2016Hadan60153, Sept. 12, 2016. The instant loan claims asserted by the plaintiff are claims arising from the cause arising before the bankruptcy is declared. Thus, the instant lawsuit constitutes a lawsuit against the bankrupt estate, and the plaintiff, the debtor, is not eligible to file the lawsuit against the
Therefore, the instant lawsuit is unlawful.
3. As such, the lawsuit of this case shall be dismissed in an unlawful manner, and the judgment of the court of first instance is unfair, and it is so decided as per Disposition after cancelling the judgment of the court of first instance and dismissing the lawsuit of this case.