구상금
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 completed without any residual assets due to the termination of bankruptcy or discontinuation of bankruptcy, etc., the corporation's extinction shall be the same as
(see, e.g., Supreme Court Decision 89Meu2483, Nov. 24, 1989). In the instant case, it is apparent that the record reveals that the Defendant’s bankruptcy proceeding was initiated upon the declaration of bankruptcy by Busan District Court 2010Hahap13, Sept. 16, 2010, but the said decision became final and conclusive on July 17, 2014 upon the receipt of a decision to discontinue the bankruptcy due to the shortage of expenses from the said court, and the corporate register was closed on July 18, 2014.
Unless there is any assertion or proof as to the remaining positive property of the defendant, the defendant terminated the bankruptcy procedure, thereby extinguishing its legal personality.
I would like to say.
Therefore, the lawsuit of this case is brought against a person who has no capacity to be a party, and it is unlawful and dismissed. It is so decided as per Disposition.