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(영문) 서울동부지방법원 2016.12.09 2016가단124017

구상금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

With respect to the legitimacy of a lawsuit against the defendant, if the bankruptcy procedure against a corporation is terminated without any remaining assets due to the completion of bankruptcy or the discontinuation of bankruptcy (see Supreme Court Decision 89Meu2483, Nov. 24, 1989). In full view of the evidence Nos. 1 and 2, the defendant was declared bankrupt on May 31, 2016, Seoul Central District Court 201Ha1008, and the above court was decided to discontinue the bankruptcy due to the lack of expenses on September 22, 2016 after the date of the creditors meeting and the date of the claim inspection on August 11, 2016, and it is recognized that the decision was finalized on October 7, 2016, and the defendant’s corporate register was considerably closed on October 12, 2016, which is the defendant’s corporate register, and it is reasonable to deem that the remaining assets were not extinguished due to the plaintiff’s active submission of any material for the bankruptcy procedure in this case.

Thus, the plaintiff's lawsuit of this case is illegal since it is filed against a person who is not a party to the lawsuit.