beta
(영문) 서울중앙지방법원 2016.09.27 2016가단5087462

양수금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 70,000,000.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. The facts stated in the attached Form of the judgment on the cause of the claim do not conflict between the parties, or are recognized by comprehensively taking into account the respective entries and arguments of Gap 1 through Eul 3, and thus, the Defendants are jointly and severally liable to pay to the plaintiff KRW 70 million that the plaintiff seeks as part of the claim.

2. As to the claim by Defendant A, the above defendant, who was dissolved under the Commercial Act on December 1, 2002, and was closed on December 9, 2005 after the completion of liquidation on December 21, 2005, filed a claim with the purport that the plaintiff's claim is unjustifiable, on the ground that the representative liquidator C also obtained bankruptcy and immunity from Busan District Court No. 2006, May70, 2006, and 2006Hadan572.

In the event that a registration for the completion of liquidation has been made with respect to a juristic person, if it is impossible to say that the liquidation affairs have been completed, the liquidation affairs are recognized as a juristic person for liquidation (see, e.g., Supreme Court Decisions 97Da3408, Apr. 22, 1997; 90Ma672, Apr. 30, 199). As seen earlier, unless the obligations owed to the Plaintiff have been repaid, the liquidation affairs have not been completed, so the above defendant's party ability is not completed, and on the other hand, the representative of the juristic person has the ability to be a party within the scope of the scope of the liquidation affairs, and it is not exempt from the liability of the juristic person

3. The plaintiff's claim against the defendants is justified.