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(영문) 수원지방법원성남지원 2015.09.04 2015가합201202
구상금 등 청구의 소
Text

1. The plaintiff's lawsuit against the trustee in bankruptcy against the defendant Bankrupt S. S. A shall be dismissed; and

2...

Reasons

1. We examine, ex officio, whether the plaintiff's lawsuit against the trustee in bankruptcy against the defendant Eul A, A, A, and the bankrupt of the defendant Eul A, by examining the legitimacy of the lawsuit against the trustee in bankruptcy against the defendant Eul A.

(a) All property owned by the debtor at the time that the debtor is declared bankrupt belongs to the bankrupt estate (Article 382 of the Debtor Rehabilitation and Bankruptcy Act), and the right to manage and dispose thereof belongs to the bankruptcy trustee;

(Article 384 of the same Act). In addition, any property claim that accrues before the debtor is declared bankrupt is a bankruptcy claim (Article 423 of the same Act). Any bankruptcy claim may not be exercised without resorting to bankruptcy procedures.

(Article 424 of the same Act). On the other hand, a bankruptcy creditor shall report his claim during the reporting period set by the court (Article 447 of the same Act), may report his claim before the expiration of the last dividend exclusion period after the reporting period (Article 453 of the same Act), and when the bankruptcy trustee or the bankruptcy creditor raises an objection to the contents of the bankruptcy claim, the bankruptcy creditor shall file a final claim inspection judgment (Article 462 of the same Act)

With respect to the instant case, there is no dispute between the parties that the Plaintiff entered into the instant insurance agreement with the Defendant Young-chul Co., Ltd. (hereinafter “Defendant Young-chul”) and the sales claim insurance agreement (hereinafter “instant insurance agreement”), and comprehensively taking account of the overall purport of the pleadings as to the descriptions in the evidence Nos. 5-2, 8, and 1 and 2, the Plaintiff issued a bill of exchange with the Defendant Young-gu Co., Ltd. (hereinafter “EP”) on Nov. 6, 2012; and on Mar. 20, 2013, the Plaintiff endorsed Young-gu Co., Ltd. (hereinafter “EP”) endorsed-si issued a bill of exchange with the Defendant Young-gu Co., Ltd. (hereinafter “EP”) on March 20, 2013; and the Plaintiff endorseded KRW 10,000,000 for each of the instant bill of exchange with the Defendant Young-gu Co., Ltd. (hereinafter “EP-Tech”) on March 20, 2013.

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