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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion (1) The Plaintiff: (a) sold automobile bags produced, imported, and sold by the Plaintiff to the Defendant who engages in wholesale and retail business; and (b) concluded a wholesale agency transaction contract with the Defendant to purchase them (hereinafter “instant contract”); (c) according to the instant contract, the Defendant shall pay the price for the goods within 30 days after the issuance of the tax invoice and, if the payment is not made, pay damages for delay at the rate of 10% at the base rate of the Bank of Korea; (d) the Plaintiff shall pay damages for delay at the rate of 10% at the base rate of the Bank of Korea. On March 31, 2013, the remainder of the credit price in the remaining amount of KRW 2,830,925,914 from April 31, 2013 to April 2016. The Defendant supplied the Defendant with the goods (automobile) at the rate of 4,673,131,947 won at the rate of 170,843 won,063 won and interest for delay from February 2017.
② On July 17, 2012, the Plaintiff loaned KRW 100 million to the Defendant at the rate of 25% per annum on July 16, 2017. The Defendant must pay the loan amounting to KRW 100 million and delay damages.
2. Whether the lawsuit of this case is lawful
(a) Where the bankruptcy procedures for a corporation are terminated due to the termination of a bankruptcy or discontinuation of a bankruptcy, etc., active assets owned by the corporation remain, and the corporation's legal personality shall be extinguished unless there are special circumstances, such as where it is necessary
(See Supreme Court Decision 89Meu2483 delivered on November 24, 1989). B.
The Defendant was declared bankrupt on January 19, 2018 by the Seoul Rehabilitation Court 2017Hahap79, and the bankruptcy procedure was initiated. However, on December 6, 2018, the above court decided to discontinue the bankruptcy due to the shortage of expenses pursuant to Article 545(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the temporary abolition”), and the above decision became final and conclusive and conclusive on January 2, 2019, and the fact that the corporate register was closed on January 2, 2019 is apparent in the record, and there is no active property of the Defendant on the record.