beta
Case Number of the immediately preceding lawsuit
Seoul High Court 2016Na2049038 ( December 22, 2016)
Title
(In the special agreement prohibiting the assignment of claims, the trustee in bankruptcy is a third party, and whether it is malicious or not shall be determined on the basis of the total bankruptcy creditor.
Summary
(Summary of the Judgment of the Supreme Court) In the special agreement prohibiting the assignment of claims, the trustee in bankruptcy falls under a third party, and whether the trustee in bankruptcy is in bad faith shall be determined based on the total bankruptcy creditor, so it is insufficient to deem that there is gross negligence
Related statutes
Article 449 of the Civil Act
Cases
2017Da204155 Other (money)
Plaintiff-Appellant
Korea
Defendant-Appellee
주식회사 ○○○○○○의 파산관재인 ●●●●●●
Judgment of the lower court
Seoul High Court 2016Na2049038
Imposition of Judgment
April 13, 2017
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by