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(영문) 서울중앙지방법원 2016.07.13 2015가단5396893
대여금
Text

1. The plaintiff's bankruptcy debtor A's lawsuit against the defendant Eul shall be dismissed;

2. Defendant C.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Whether the plaintiff's lawsuit against the bankruptcy trustee A, Inc., the defendant bankruptcy debtor Eul is legitimate

A. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), where a bankruptcy is declared, any bankruptcy claim shall not be exercised without resorting to bankruptcy procedures (Article 424), and where no objection is raised by the bankruptcy trustee, etc. with respect to any reported bankruptcy claim (Article 458), the bankruptcy claim shall be confirmed as it is (Article 458). When a confirmed claim is entered in the table of bankruptcy creditors, the entry in the table of bankruptcy creditors shall have the same effect as a final and conclusive judgment on all of the bankruptcy creditors (Article 460), and any bankruptcy creditor may enforce compulsory execution upon entry in the table of bankruptcy creditors after the termination of bankruptcy. This provision shall apply mutatis mutandis to cases where a decision to discontinue the bankruptcy becomes final and conclusive (Articles 548(

On August 12, 2011, the Daejeon District Court 201Hahap9 (Seoul District Court 201Hahap9) declared bankrupt against A. In the above bankruptcy procedure, the Plaintiff reported the principal and interest of lease fee claims under the lease agreement dated June 15, 2009 as bankruptcy claims, and the total amount of the reported bankruptcy claims are the commencement of the bankruptcy claims, and the existence and content of the entire bankruptcy claims became final and conclusive are not disputed between the parties. Thus, the Plaintiff’s lawsuit against B against the bankruptcy trustee of the Defendant Bankruptcy Debtor A, Inc., as there is no interest in the lawsuit

3. Defendant C: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

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