beta
Text
1. The plaintiff's lawsuit against A, a bankrupt corporation A, shall be dismissed;
2. Defendant C shall be KRW 240,000,000.
Reasons
1. The litigation proceedings relating to the bankrupt estate shall be interrupted when the party making a judgment on the legitimacy of the lawsuit against B, which is the lawsuit taken over by the defendant A, the bankrupt company A, is declared bankrupt (Article 239 of the Civil Procedure Act). Since bankruptcy claims, which are property claims arising before the bankruptcy is declared against the debtor, cannot be exercised without resorting to bankruptcy procedures (hereinafter “Bankruptcy Act”).
Article 423 and Article 424 of the Debtor Rehabilitation Act [Article 423 and Article 424] When a debtor is declared bankrupt while a lawsuit on a bankruptcy claim is pending, the lawsuit proceedings shall be interrupted, and the bankruptcy creditor shall report his/her claim to the competent court in the bankruptcy case, as prescribed by the Debtor Rehabilitation Act. If the claim is not asserted in the claim investigation procedure as to the bankruptcy claim, and as a result, the claim is confirmed as the reported claim is groundless as there is no interest in the lawsuit, and if the bankruptcy creditor intends to seek the confirmation of the right due to his/her objection to the claim in the claim investigation procedure, all of the objectors who have raised the objection as the other party to the lawsuit shall take over the lawsuit that
(1) If a claim is confirmed as reported on the ground that there is no objection to a bankruptcy claim in the course of claims investigation, then the lawsuit for confirmation of the claim filed by the creditor thereafter is unlawful, since there is no legal interest in seeking confirmation of the right, and thus, the lawsuit for confirmation of the claim filed by the creditor thereafter is unlawful.
In light of the above legal principles, as to the legitimacy of this part of the lawsuit, the health department, the fact that the corporation A was declared bankrupt on September 26, 2016 by Busan District Court 2016Hahap1013 on September 26, 2016 when the lawsuit of this case was pending, the fact that B attorney-at-law was appointed as the bankruptcy trustee of the above company and taken over the litigation of this case, and