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1. The plaintiff's lawsuit against the defendant A corporation is dismissed.
2. Defendant B Co., Ltd. shall be jointly and severally owned with C.
Reasons
1. When the bankruptcy procedure for a requesting corporation against a defendant A is completed without any residual property due to a termination of bankruptcy or discontinuation of bankruptcy, etc., the corporation becomes extinct as in the case of the completion of liquidation
(1) The court below’s decision to discontinue the bankruptcy on November 20, 2003 is clearly stated in the records. The court below’s decision to discontinue the bankruptcy on November 20, 2003 is clearly stated as follows: (a) on August 6, 2002, the court below’s decision to discontinue the bankruptcy against the same court; and (b) on November 20, 2003, the court below’s decision to discontinue the bankruptcy against the same court.
On the other hand, the plaintiff did not assert or prove the remaining active property of the above defendant in the lawsuit of this case. Therefore, it is reasonable to view that the defendant A corporation has extinguished its legal personality due to the termination of bankruptcy procedures.
Therefore, the plaintiff's lawsuit against the defendant A corporation is illegal and dismissed.
2. Claim against Defendant B corporation
A. The plaintiff to display the claim is the transferee of the claim established by the judgment of the Seoul Central District Court 2006Da422030, which is a claim for part of the above judgment claim for the interruption of extinctive prescription.
Articles 208(3)2, 150(3), and 150(1) of the Civil Procedure Act of the applicable provisions of the Acts (a judgment made by a person deemed as a confession, and the instant claim is not a claim against a representative liquidator of the place of filing a claim against the defendant B corporation, but a representative liquidator D of the defendant B corporation only claims that the "individual" is confirmed by the decision of bankruptcy and exemption, and does not explicitly dispute the claim against the defendant corporation).