logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.23 2017가단5113139
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The allegations and judgment of the parties

A. The plaintiff's assertion is as shown in the ground for claim attached to the summary of the claim

(However, the creditor's "the plaintiff and the debtor" are deemed to be the defendant, and the payment order for the debtor B corporation was finalized). (B)

Ex officio, we examine whether the instant lawsuit is legitimate.

The Defendant filed an application for bankruptcy and exemption on September 23, 201, Incheon District Court 201Hadan5348, 201Mo5347, Sept. 23, 2011, which was after the judgment of the previous suit in this case became final and conclusive, and was declared bankrupt on October 20, 201, and was determined to grant exemption on December 28, 201, and the fact that the decision of exemption exemption became final and conclusive on January 12, 2012 is significant in this court.

However, when the decision to grant the exemption of the bankrupt becomes final and conclusive, the bankrupt's obligation becomes natural obligation and loses the ability and executory power of filing a lawsuit which has ordinary claims, and thus, the lawsuit in this case is unlawful as there is no benefit of protection

2. For this reason, we decide to dismiss the instant lawsuit for this reason as per Disposition.

arrow