logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.06.24 2019가단5068202
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Where the bankruptcy procedures for a corporation whose lawsuit is lawful are terminated due to the termination of bankruptcy or discontinuation of bankruptcy, etc., the corporation's legal personality shall be extinguished unless there are special circumstances, such as the existence of active property owned by the corporation is necessary to liquidate it.

(See Supreme Court Decision 89Meu2483 Decided November 24, 1989. The defendant was declared bankrupt on March 29, 2019 by the Seoul Rehabilitation Court 2019Hahap1001, but the above decision became final and conclusive on April 13, 2020, and was closed on April 16, 2020 due to the shortage of expenses by the above court, and the fact that the corporate register was closed on April 16, 2020 is apparent in light of the statement of evidence No. 10, and the defendant’s remaining active property is nonexistent on the record.

Thus, it is reasonable to view that the defendant was extinguished due to the termination of the bankruptcy procedure. Thus, the plaintiff's lawsuit of this case against the defendant is unlawful as it is filed against a person who has no party capacity.

As the plaintiff's lawsuit of this case is inappropriate, it is dismissed and it is so decided as per Disposition.

arrow