대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Where the bankruptcy procedures for 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 existence of positive assets owned by the corporation in need of liquidation.
(See Supreme Court Decision 89Meu2483 Decided November 24, 1989). Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 4 and 5 evidence, the rehabilitation procedures commenced against the Defendant on April 10, 2012 as Suwon District Court 2012 Gohap21, and the rehabilitation procedures commenced on May 12, 2014. Although the bankruptcy was declared on May 27, 2014 and the bankruptcy procedure was initiated on May 27, 2014, it became final and conclusive on November 9, 2018 upon the decision to discontinue the bankruptcy due to shortage of expenses by the Suwon District Court 2014Hahap35, the fact that the corporate register of the Defendant was closed on November 13, 2018, and there is no evidence to acknowledge that the Defendant had positive property remaining.
Thus, it is reasonable to view that the defendant has disappeared due to the termination of the bankruptcy procedure. Thus, the lawsuit of this case is unlawful as it is filed against a person who has no capacity to be a party.
Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.