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(영문) 수원지방법원 2019.04.02 2018가단508393
구상금
Text

1. The plaintiff's bankruptcy debtor C's bankruptcy trustee C, a lawsuit taken over by the defendant C, is brought against D.

Reasons

1. Of the instant lawsuit, any bankruptcy claim, which is a property claim arising prior to the declaration of bankruptcy, against the judgment debtor as to the part of the claim against the bankruptcy trustee D (hereinafter “Defendant trustee D”) of the bankruptcy debtor C Co., Ltd. (hereinafter “Defendant trustee D”), among the instant lawsuit, cannot be exercised without resorting to bankruptcy procedures (Articles 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act). The claim claim of this case for which the Plaintiff seeks performance to Defendant trustee D, is a claim arising from the payment of the damages claim of the debtor Co., Ltd. from January 12, 2017 and from January 5, 2017 to August 10, 2017, which occurred from the payment of the damages claim of the debtor Co., Ltd. to the bankruptcy debtor C before December 7, 2017, which is the date on which the debtor is declared bankrupt, cannot be permitted to seek the performance of the claim as a civil execution based on individual compulsory execution without resorting to bankruptcy procedures.

Therefore, the above claim is unlawful as there is no benefit of lawsuit.

2. The Plaintiff: (a) around 19:40 on November 27, 2016, the F chartered bus driven by Defendant E driven by Defendant E was stopped at a point 365.5km from the upstream of the Hoeg-si Highway in Ansan-si; (b) the Plaintiff’s insured vehicle, the front vehicle of the Plaintiff, who was parked at a point 365.5km; (c) on January 12, 2017, the Plaintiff paid KRW 20,570,00 for physical damages incurred from the accident to G; and (d) from January 5, 2017 to August 10, 2017, the Plaintiff paid KRW 9,743,650 for the Plaintiff’s personal damages incurred from the said accident, and thus, the Defendant Company and the Plaintiff jointly and severally paid KRW 30,301,360,305,3637,305,305,37,305.

The defendant E is deemed to have made a confession pursuant to Article 150 of the Civil Procedure Act.

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