손해배상(기)
The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.
Request for taking over a lawsuit.
1. The decision is made ex officio;
When any party is declared bankrupt, the litigation procedures relating to the bankrupt estate shall be interrupted (Article 239 of the Civil Procedure Act), and any bankruptcy claim, which is a property claim that accrues before the debtor is declared bankrupt, shall not be exercised without resorting to the bankruptcy procedures.
[Attachment] The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”)
Articles 423 and 424). Therefore, when a lawsuit on a bankruptcy claim is pending and the debtor is declared bankrupt while the lawsuit on the bankruptcy claim is pending, the lawsuit proceedings shall be suspended, and the bankruptcy creditor shall report his/her claim to the competent court in the bankruptcy case in accordance with the Debtor Rehabilitation Act.
When a final and conclusive lawsuit that has no objection to a bankruptcy claim in the course of claims investigation is deemed final and conclusive as stated in the report, and the bankruptcy creditor intends to seek the confirmation of the right due to the objection to the bankruptcy claim in the course of claims investigation, all of the objectors as other parties to the lawsuit shall take over the lawsuit that has been pending as other parties to the lawsuit and alter the purport, etc. of the claim into a final and conclusive lawsuit.
(1) In cases where a party to a lawsuit is declared bankrupt while the lawsuit is pending (see, e.g., Supreme Court Decision 2003Da66691, Oct. 27, 2005; Supreme Court Decision 2009Da58234, Oct. 29, 2009). Meanwhile, in cases where the court, without knowing the bankruptcy, declared a judgment by proceeding the litigation in the state where the trustee in bankruptcy or the other party did not take over the lawsuit without knowing that the lawsuit was pending, the judgment was rendered after the trial was conducted in a state where the legitimate party to the lawsuit was unable to take legal action, and thus, the judgment was rendered after the trial was conducted in a state where the party to the lawsuit was unable to
(see, e.g., Supreme Court Decision 2012Da95486, 95493, Sept. 12, 2013).
According to the records, the plaintiffs' claim for damages of this case against the defendant is partly made.