logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.10.26 2016가단11264
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The cause of the claim shall be as specified in attached Form;

[However, the "creditor" is regarded as "Plaintiff" and "debtor" as "Defendant". The three promissory notes added "(110,000,000 won in total)". 2. Determination and conclusion, Article 566 of the Debtor Rehabilitation and Bankruptcy Act provides that the debtor who has been exempted is exempted from all obligations to the bankruptcy creditor except dividends under the bankruptcy proceedings.

The exemption here means that the obligation itself continues to exist, but it is not possible to enforce the performance to the bankrupt debtor.

Therefore, when a decision to grant immunity to a bankrupt debtor becomes final and conclusive, the claim exempted shall lose the ability to file a lawsuit that has ordinary claims (see Supreme Court Decision 2015Da28173, Sept. 10, 2015). According to the overall purport of the argument in the 2015, the Defendant rendered bankruptcy and application to grant immunity under Daejeon District Court Decision 2016Ma717, Jul. 715, 2016, and entered the Plaintiff’s claim for the instant goods in the list of creditors at the time, and the said court made a decision to grant immunity to the Defendant on August 18, 2016 after the declaration of bankruptcy on August 17, 2016, and the fact that the said decision to grant immunity becomes final and conclusive around that time.

Therefore, the instant lawsuit was unlawful because there was no benefit in the protection of rights due to the determination of the above decision to grant immunity (see, e.g., Supreme Court Decision 2015Da28173, Sept. 10, 2015). It is so decided as per Disposition.

arrow