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(영문) 수원지방법원 2015.03.27 2014나1499
물품대금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

As to the plaintiff's seeking the payment of the price for goods that occurred around October 2012 to the defendant, the defendant is not a party to the contract, but is not so.

Even if this court receives bankruptcy and immunity application, it asserts that the plaintiff's claims cannot be complied with.

In other words, a property claim arising from a cause before a bankruptcy is declared against a debtor, that is, a bankruptcy claim becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act, and the right to file a lawsuit and executive force against a bankrupt shall be extinguished in principle, and the right to file an ordinary claim and lose executive force. In full view of the written evidence No. 3, the Defendant filed a bankruptcy and application for immunity with the Suwon District Court 2013Haeng50, 2013, 5450, and 5450, and received a immunity exemption from the above court at the same time as the discontinuation of bankruptcy against the Defendant on January 14, 2015, and at that time the above immunity becomes final and conclusive. As such, the Plaintiff’s claim against the Defendant was arising from a cause arising before a bankruptcy is declared, and thus, the Plaintiff loses the right to file a lawsuit and executive force against the Defendant.

Therefore, the lawsuit of this case shall be dismissed in an unlawful manner, and the judgment of the court of first instance is unfair in conclusion, and it is so decided as per Disposition by cancelling the judgment of the court of first instance and dismissing the lawsuit of this case.

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