beta
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 28, 2007, the plaintiff asserted against the defendant that "the defendant shall pay to the plaintiff 44,681,350 won with interest of 20% per annum from June 10, 2007 to the day of full payment" filed a lawsuit for the price of goods with the Busan District Court Branch Branch of 2006da44526, and the above court rendered a judgment that "the defendant shall pay to the plaintiff 4,681,350 won with interest of 40% per annum from June 10, 2007 to the day of full payment," and that the judgment becomes final
2. Determination on the legitimacy of the instant lawsuit
A. All property owned at the time when the debtor is declared bankrupt due to the declaration of bankruptcy constitutes a bankruptcy estate (Article 382(1) of the Debtor Rehabilitation and Bankruptcy Act). Since the right to manage and dispose of the bankruptcy estate from this time belongs to the bankruptcy trustee (Article 384 of the same Act). In the case of this case, the bankruptcy trustee becomes the party concerned in the lawsuit against the bankrupt estate (Article 359 of the same Act). In addition to the whole purport of the pleading in the statement of evidence No. 9, the lawsuit of this case against the defendant on June 27, 2016, which was served on the defendant on April 4, 2018 before the original copy of the payment order of this case was served on the defendant and the lawsuit is pending (Article 2016Han-so689 of the Gwangju District Court). The fact that C was appointed as the bankruptcy trustee, the plaintiff's claim against the defendant constitutes a bankruptcy claim arising from the above cause before the bankruptcy is declared, and the lawsuit against the plaintiff's party concerned is unlawful.
B. In addition, a bankruptcy claim shall not be exercised without resorting to bankruptcy procedures, and a bankruptcy claim shall be reported to the bankruptcy court within the period determined by the court in order to exercise the bankruptcy claim.