beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is that the Plaintiff supplied B Co., Ltd. (hereinafter “B”) with B, from December 2, 2017 to June 2018, and did not receive KRW 211,801,865 as the price of the goods. Therefore, the Plaintiff’s assertion against B, the trustee in bankruptcy, seeking payment of the price of the goods.
2. Determination on the defense prior to the merits
A. The Defendant’s assertion B was declared bankrupt by the Seoul Rehabilitation Court on December 11, 2018. As the Plaintiff’s claim constitutes a bankruptcy claim, the instant lawsuit seeking a direct payment against the Defendant without resorting to the bankruptcy procedure is unlawful as there is no benefit of lawsuit.
B. (1) Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)
(1) Article 46 of the Debtor Rehabilitation Act provides that a bankruptcy claim that has arisen before the debtor is declared bankrupt (Article 423), and that a bankruptcy claim shall not be exercised without resorting to bankruptcy procedures (Article 424). In addition, the Debtor Rehabilitation Act provides that any bankruptcy creditor shall report his/her bankruptcy claim within the period set by the court (Article 447); the court shall investigate any reported bankruptcy claim and enter the result thereof in the table of bankruptcy creditors (Article 459); if any objection is raised in the course of investigating any bankruptcy claim, the existence and details of the bankruptcy claim shall be prescribed in the table of bankruptcy creditors (Article 462), and if any objection is raised in the course of investigating any bankruptcy claim, the person dissatisfied therewith may file a lawsuit (Article 463); the bankruptcy creditor may file a lawsuit of objection only with the matters entered in the table of bankruptcy creditors (Article 465.2) B). The fact that the Plaintiff was declared bankrupt on December 11, 2018 by the court of bankruptcy and then filed a lawsuit of this case with the court.
3. In addition to the above facts of recognition under the Debtor Rehabilitation Act, the Plaintiff in this case.