구상금
1. The plaintiff's lawsuit against the defendant A is dismissed.
2. Defendant B’s KRW 4,513,515,040 and this shall apply to the Plaintiff.
1. As to the legitimacy of the lawsuit against Defendant A (hereinafter “Defendant A”), when the bankruptcy procedure against the corporation is terminated without residual property due to the completion of bankruptcy or the discontinuation of bankruptcy (see Supreme Court Decision 89Meu2483, Nov. 24, 1989). Defendant A was declared bankrupt on February 23, 2012 by the Gwangju District Court Decision 201HaHamhap4, which was decided upon the discontinuation of bankruptcy on February 26, 2015, and the decision became final and conclusive on February 26, 2015, and the corporate register was closed in this court, and since the Plaintiff did not submit any material regarding the remaining active property of Defendant A in the lawsuit in this case, it is reasonable to deem that the corporate registry was extinguished due to the termination of bankruptcy procedure.
Thus, the plaintiff's lawsuit against the defendant A is unlawful as it is filed against a person who has no capacity to sue.
2. Determination on the part of the claim against Defendant B
(a)be as shown in the attachment of the claim;
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);