대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In full view of the following facts: (a) the Defendant was declared bankrupt by the Seoul Central District Court (former Seoul Rehabilitation Court) by 2014Hahap61; and (b) the fact that, on September 10, 2015, the above decision became final and conclusive and conclusive on October 12, 2015, the corporate register was closed on the basis of the following facts: (a) the Defendant was found to have been declared bankrupt by the Seoul Central District Court (former Seoul Rehabilitation Court) and the overall purport of the pleadings.
If the bankruptcy proceedings against a corporation are terminated due to the termination of bankruptcy or discontinuation of bankruptcy, etc., the corporation’s legal personality shall be extinguished unless there are special circumstances, such as the remaining active assets owned by the corporation and the need for liquidation thereof (see Supreme Court Decision 89Meu2483, Nov. 24, 1989). In this case, in which there is no proof as to the existence of positive assets to the defendant, and there is no evidence to acknowledge it otherwise, it is reasonable to view that the defendant extinguished its legal personality due to the termination of bankruptcy proceedings.
Therefore, the instant lawsuit is unlawful as it is filed against a person who has no capacity to sue.
2. It is so decided as per Disposition by the assent of all participating Justices who reviewed the lawsuit of this case as unlawful.