용역비
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. 20% of the costs of a lawsuit before an appeal shall be 20%.
1. The reasons stated in this part of the facts of recognition are as stated in the part of “1. Acknowledgement” from 5 to 18 of the second 9 of the judgment of the court of first instance, except that the following are added to the 16th 16th 16th of the judgment of the court of first instance. Thus, this part of the facts are cited in accordance with the main sentence of Article 420 of
G. The bankruptcy was declared on March 17, 2016 in Seoul District Court 2016Hahap10060 on March 17, 2016, and the Defendant was appointed as bankruptcy trustee.
2) In the above bankruptcy procedure, the Plaintiff reported the service payment claim amounting to KRW 282,256,935, which is the quoted amount in the judgment of the first instance court, and the Defendant decided on May 26, 2016 at the first meeting of creditors and the claim inspection date. 2. On May 26, 2016, when the judgment party is declared bankrupt, the litigation proceedings relating to the bankruptcy foundation are suspended (Article 239 of the Civil Procedure Act). Since bankruptcy claims, which are property claims arising before the bankruptcy is declared against the debtor, cannot be exercised without resorting to bankruptcy proceedings (Articles 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act). Thus, if the debtor is declared bankrupt while the lawsuit on the bankruptcy claims is pending, the litigation proceedings shall be suspended, and the bankruptcy creditor shall file a claim report in accordance with the Debtor Rehabilitation and Bankruptcy Act with the competent court in the bankruptcy case. When the claim inspection procedure becomes final and conclusive as well as the claims are reported, the above lawsuit continues to exist as well as the interest in the lawsuit is unlawful (see Supreme Court Decision 201200Da269, supra.