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(영문) 광주지방법원 2020.07.17 2020가단2590
대여금
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 of the cause of claim is as shown in the annexed sheet.

(However, regarding the legitimacy of the instant lawsuit ex officio on February 2, 198, the “creditor” and “debtor” (hereinafter “Defendant”).

A. The facts of recognition reveal that the Defendant filed an application with the Gwangju District Court for adjudication of bankruptcy and exemption (the Gwangju District Court Decision 2019Hadan50332, 2019Ma5032, and 5032). On October 18, 2019 in the above case of adjudication of bankruptcy, etc., a certified judicial scrivener E was declared bankrupt, and the Defendant submitted a list of creditors including the Plaintiff in the above case of adjudication of bankruptcy, etc., and the Plaintiff was served with the decision of adjudication of bankruptcy and the notification of the creditor, etc. on the other hand, it is evident that the instant lawsuit was filed on January 10, 2020 after the said adjudication of bankruptcy.

(b) In the litigation related to the bankrupt estate after adjudication of the bankruptcy, the bankruptcy trustee shall become the party to the litigation;

Therefore, (see Article 359 of the Debtor Rehabilitation and Bankruptcy Act). The loan claims asserted by the plaintiff as the cause of a claim constitute a bankruptcy claim, which is arising from the property claims arising before the bankruptcy is declared against the defendant, and according to the above facts recognized, the lawsuit of this case filed against the defendant, not E, is unlawful since it is against the non-party standing.

On the other hand, any bankruptcy claim, which is a property claim arising before bankruptcy is declared cannot be exercised without resorting to bankruptcy procedures, and any bankruptcy claim shall be reported to the bankruptcy court within the period set by the court in order to exercise the bankruptcy claim. In the event that any objection is raised in the investigation of any bankruptcy claim, the existence and contents of any bankruptcy claim shall be determined through the final claim inspection judgment limited to the matters set forth in the list of bankruptcy creditors, and any person who is dissatisfied with such judgment may file a

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