파산선고와 소송수계

Abstract

Unlike the individual execution of the Civil Execution Act, the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the Debtor Rehabilitation Act) deals with comprehensive execution and, like the Civil Procedure Act, the overall rehabilitation and bankruptcy procedures. The Debtor Rehabilitation Act is deeply related to various laws, including the Civil Act, the Commercial Act, the Civil Execution Act, and the Civil Procedure Act, and forms various legal relations. Once bankruptcy is declared under the Debtor Rehabilitation Act, all property held by the debtor at the time of bankruptcy constitutes a bankruptcy foundation, and subsequent bankruptcy procedures are carried out for property belonging to the bankruptcy foundation. The debtor loses the right to manage and dispose of the property constituting the bankruptcy foundation, and the right to manage and dispose of it is transferred to the trustee. The Civil Procedure Act stipulates bankruptcy as a reason for stopping ongoing litigation (Article 239 of the Civil Procedure Act), and the Civil Act has a great impact on existing legal relations, such as the termination of the delegation relationship due to the bankruptcy of one party (Article 690 of the Civil Act). As a result of the transfer of the right to manage and dispose of the bankruptcy foundation to the bankruptcy trustee, the bankruptcy trustee becomes a party, and the ongoing litigation proceedings regarding property belonging to the bankruptcy foundation during the litigation procedure before the bankruptcy declaration are suspended, and in principle, the bankruptcy trustee takes over it. If bankruptcy is declared during the continuation of a subrogation lawsuit by a bankruptcy creditor, if bankruptcy is declared on one party before service of a copy of the complaint after filing, the effect of the judgment that overlooked the suspension of the litigation process due to the declaration of bankruptcy, the problem of the healing of the defect, and the case of a revocation of a creditor not accepted by a bankruptcy trustee have a significant impact on civil proceedings, and various legal relations are formed due to the declaration of bankruptcy, and the legal principles and significance in the summary of the judgment on the issue were examined in detail through related Supreme Court precedents.