Text
The judgment below
The part against which the bankrupt corporation, prior to the filing of the lawsuit, did not lose the UN, shall be reversed, and the part thereof.
Reasons
Judgment ex officio is made.
When any party is declared bankrupt, the litigation procedures relating to the bankrupt foundation shall be interrupted (Article 239 of the Civil Procedure Act), and any bankruptcy claim, which is a property claim arising due to any cause arising before the debtor is declared bankrupt, cannot be exercised without resorting to bankruptcy procedures (Articles 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act). When the debtor is declared bankrupt while the lawsuit on the bankruptcy claim is pending, the litigation procedures shall be interrupted, and any bankruptcy creditor shall file a claim report with the competent court in the bankruptcy case, as prescribed by the Debtor Rehabilitation and Bankruptcy Act.
When a claim becomes final and conclusive as stated in the report of the claim as there is no objection to the bankruptcy claim in the course of claims investigation, the lawsuit pending at the same time 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 course of claims investigation, all of the objectors to the lawsuit shall take over the lawsuit pending at the same time as the other party to the lawsuit and alter the purport of the claim,
(See Supreme Court Decision 9Da2267 delivered on July 23, 199, Supreme Court Decision 2009Da58234 delivered on October 29, 2009, etc.). Meanwhile, in a case where one party was declared bankrupt during the proceeding of a lawsuit, but the court, without knowledge of the declaration of bankruptcy, did not proceed with the litigation in the state where the trustee in bankruptcy or the other party’s lawsuit was not in progress and rendered a judgment, the judgment was rendered after the trial was conducted in the state where the legitimate attorney who can be involved in the lawsuit was unable to perform the litigation by law and thus, the judgment was rendered in the same manner as the case where the completion of the lawsuit was not lawfully represented by an agent.
I would like to say.
(see, e.g., Supreme Court Decisions 99Da8971, Dec. 28, 199; 201Da56057, Oct. 27, 2011). According to the records, the Plaintiff, as the principal lawsuit, shall take over the lawsuit.