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(영문) 대전지방법원 2020.07.15 2018가합103000
물품대금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff is a company that produces and sells the GPS antenna parts, etc., and the Defendant is a company that manufactures, sells, sells, and sells wire and wireless telecommunications equipment, etc., and the Plaintiff supplied goods equivalent to USD 444,915.50 in total to the Defendant from September 26, 2017 to January 15, 2018 (hereinafter referred to as “$ 444,915.50” refer to both US dollars, and the Defendant paid only KRW 126,130.50 to the Plaintiff as the price for goods.

Therefore, the defendant is obligated to pay to the plaintiff 340,940,550 won ($318,785 ($444,915.50-126,130.50) x 1,069.5 won (exchange rate as of April 17, 2018), and damages for delay.

2. Whether the lawsuit of this case is lawful

A. The legal personality of the legal entity of the legal entity is extinguished ex officio unless there are special circumstances, such as the need to liquidate the legal entity of the legal entity, where the bankruptcy procedures for the legal entity are terminated due to the termination of bankruptcy, discontinuation of bankruptcy, discontinuation of bankruptcy, etc.

(See Supreme Court Decision 89Meu2483 delivered on November 24, 1989). B.

On August 1, 2018, the Defendant was declared bankrupt by Daejeon District Court 2018Hau7046, and the bankruptcy procedure was initiated. However, on January 17, 2020, the above decision became final and conclusive upon receiving a decision to discontinue the bankruptcy due to a lack of expenses from the above court and was closed on February 19, 2020, and the fact that corporate register was closed on February 19, 2020 seems to be significant in this court, and the Defendant’s remaining active property is nonexistent

Thus, it is reasonable to view that the defendant was extinguished due to the termination of bankruptcy proceedings, and thus, the lawsuit of this case is unlawful as it is filed against a person who has no capacity to be

3. According to the conclusion, the instant lawsuit is dismissed, and it is so decided as per Disposition.

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