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(영문) 수원지방법원 2017.06.30 2016가단29292
구상금
Text

1. The plaintiff's defendant A Co., Ltd. (formerly: Agricultural Company B).

Reasons

1. The judgment on the claim filed by the bankruptcy debtor A, a bankruptcy debtor corporation A, a trustee in bankruptcy of the agricultural corporation A (hereinafter “Defendant trustee in bankruptcy”), which is the taking over of the lawsuit by the defendant agricultural corporation A (formerly, Co., Ltd.)

A. The Defendant bankruptcy trustee’s main defense company A (the trade name before the change: B of the agricultural company; hereinafter “A”) was declared bankrupt; the Plaintiff did not report bankruptcy claims; and the Plaintiff did not hold the claim inspection date, and the lawsuit against the Defendant bankruptcy trustee is unlawful.

B. When the judgment party is declared bankrupt, the litigation procedures relating to the bankrupt foundation are interrupted (Article 239 of the Civil Procedure Act), and any bankruptcy claim, which is a property claim arising prior to the declaration of bankruptcy against the debtor, cannot be exercised without resorting to bankruptcy procedures (Articles 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act). Thus, when the debtor is declared bankrupt while the lawsuit on the bankruptcy claim is pending, the litigation procedures shall be suspended, and the bankruptcy creditor shall report the claim to the competent court of the bankruptcy case in accordance with the Debtor Rehabilitation and Bankruptcy Act.

When a claim is confirmed to have no objection to the bankruptcy claim as a result of the report of the claim, and as a result, the lawsuit pending in the lawsuit is illegal, and when the bankruptcy creditor intends to seek the confirmation of the right due to the objection to the bankruptcy claim in the claim investigation procedure, all of the objectors as the other parties to the lawsuit shall take over the lawsuit pending in the lawsuit and revise the purport of the claim, etc. to the final claim confirmation lawsuit.

(See Supreme Court Decision 2009Da50506 Decided September 24, 2009, etc.). In full view of subparagraph (1) and the purport of the entire pleadings, subparagraph A, the Seoul Central District Court Decision 2016Hau86 Decided August 10, 2016, after the filing of the instant lawsuit.

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