(영문) 서울동부지방법원 2017.04.07 2016가단126983

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(영문) 서울동부지방법원 2017.04.07 2016가단126983

용역비

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Whether the lawsuit of this case is legitimate

A. The Plaintiff had manufactured and supplied the clothing as the original unit for the provision to the Defendant from around 2010 according to the Defendant’s order. On April 14, 2016, the Plaintiff asserted that the cost of the contract was USD 100,11.17, and claimed for payment of KRW 117,890,913, which is the Korean won conversion amount, and damages for delay.

On the other hand, the defendant asserts that the plaintiff's claim is unfair because he was declared bankrupt and released from immunity.

B. We examine the following: (a) a property claim arising from a cause before the debtor is declared bankrupt; (b) a bankruptcy claim becomes final and conclusive pursuant to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act; (c) a bankruptcy claim becomes final and conclusive; (d) the right to file a lawsuit and executive force against the bankrupt; and (e) the right to file a lawsuit and executive force of the ordinary claim are extinguished as a natural obligation; and (e) the Defendant filed a petition for bankruptcy and an application for immunity with the Seoul Central District Court (Seoul Central District Court 2016Hadan4961, 2016Ma4916, 2016, and filed a petition for immunity on November 11, 2016; and (e) the immunity exemption becomes final and conclusive on November 29, 2016; and (e) the claim of the Plaintiff’s claim is recorded in the list of creditors of the bankruptcy and the exemption case, and there is no counter-

Therefore, the instant claim for the service cost of this case has lost the power and executive capacity of filing a lawsuit, which is normally entitled to exemption from liability according to the aforementioned immunity decision.

Therefore, the lawsuit of this case is unlawful because there is no benefit of protection of rights.

2. The conclusion is that the lawsuit of this case is dismissed, and it is so decided as per Disposition.

참조조문

-채무자 회생 및 파산에 관한 법률 제566조

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