logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.23 2016가합9914
미지급대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. As to the legitimacy of the instant lawsuit, determination of the legality of the instant lawsuit, the legal personality is extinguished as in the case of the completion of liquidation when the bankruptcy procedure against the legal entity 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). The Defendant was declared bankrupt by the Seoul Central District Court 2016Hahap82, Jul. 19, 2016, and the bankruptcy procedure was initiated upon the bankruptcy decision by the Seoul Central District Court 2016Hahap82, but the decision was finalized on Oct. 20, 2016, and the corporate register was closed on Nov. 8, 2016. It is obvious to the instant court. The Plaintiff did not submit any material to the Defendant’s active property in the instant lawsuit. Thus, it is reasonable to view that the Defendant was dissolved due to the termination of the bankruptcy procedure.

Thus, the plaintiff's lawsuit of this case is unlawful as it is brought against a person who has no legal capacity.

2. Conclusion of the instant lawsuit is dismissed.

arrow