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(영문) 서울중앙지방법원 2020.09.10 2018가단5262076
구상금
Text

1. The plaintiff's lawsuit against the defendant A corporation is dismissed.

2. Defendant B’s 58,939,428 won and 58.

Reasons

1. Where the bankruptcy procedure for the plaintiff's lawsuit against the defendant A corporation is terminated due to the termination of bankruptcy or discontinuation of bankruptcy, etc., the corporation's active property owned by the corporation remains and its legal personality is extinguished unless there are special circumstances, such as the need to liquidate it;

(See Supreme Court Decision 89Meu2483 Decided November 24, 1989). Comprehensively taking account of the purport of the entire arguments in the statements in the evidence Nos. 6 through 8, Defendant A corporation was declared bankrupt on December 17, 2018 by the Seoul Rehabilitation Court 2018Hahap10395, but the bankruptcy proceeding was initiated by Defendant A corporation. However, on May 20, 2020, the above decision was confirmed to be closed on June 17, 2020 and became final and conclusive upon the decision to discontinue the bankruptcy due to the shortage of expenses, and there is no remaining active property of Defendant A corporation on the record.

Therefore, it is reasonable to deem that Defendant A Company’s corporate extinction is due to the termination of the bankruptcy procedure. Thus, the Plaintiff’s lawsuit against Defendant A Company is unlawful as it filed against a person who has no capacity to sue.

2. Determination as to the plaintiff's claim against the defendant B

A. Indication of Claim: The plaintiff and defendant B are as shown in the attached Form.

(b) Grounds: Judgment on deemed confession (Article 208 (3) 2, Article 150 (3) and (1) of the Civil Procedure Act);

3. Thus, the plaintiff's lawsuit against the defendant A is dismissed as it is unlawful, and the plaintiff's claim against the defendant B is justified and it is so decided as per Disposition.

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