구상금
1 For the plaintiff:
A. As to KRW 96,334,362 and KRW 90,970,109 among them, Defendant A Co., Ltd., from November 11, 2009 to KRW 209.
1. According to the purport of each of the statements and arguments set forth in Gap evidence 1-6 and all of the arguments, the facts constituting the cause of the claim set forth in the attached sheet can be recognized.
2. On August 2012, Defendant A (hereinafter “A”) asserted that there is no standing to be a party due to the extinguishment of legal personality upon a decision to discontinue the bankruptcy on March 2014, 2014.
According to the evidence evidence Nos. 1 through 3, Defendant A may recognize the fact that, upon the commencement of rehabilitation procedures on September 30, 2009 and the rehabilitation plan was authorized on December 22, 2010, but the rehabilitation plan was not implemented on July 16, 2012, the discontinuation decision was declared bankrupt on August 1, 2012 and the discontinuation decision was finalized on March 26, 2014 for lack of expenses and was closed on June 5, 2014.
If any residual property remains even if a decision to discontinue the bankruptcy of a juristic person becomes final and conclusive and the registration of the juristic person is closed, the juristic person still remains within the scope of the purpose of liquidation without extinguishing the juristic person (see, e.g., Supreme Court Decisions 89Meu2483, Nov. 24, 1989; 2009Da31871, Oct. 29, 2009); and even if the registration of the termination of the liquidation of a juristic person is completed, the juristic person has the ability to be a party to the liquidation juristic person in cases where the liquidation affairs are not actually completed,
(See Supreme Court Decision 97Da3408 delivered on April 22, 1997, etc.). Examining the progress of the rehabilitation procedures and the bankruptcy procedures of Defendant A as mentioned above, even though the Defendant owned a considerable amount of active property (debt) but was decided to discontinue the bankruptcy for the reason that the passive property (debt) is more than active property and the bankruptcy estate is insufficient to cover the expenses for the bankruptcy proceedings. The instant lawsuit seeks to perform the obligations arising before the liquidation through bankruptcy, etc., and therefore, Defendant A shall continue to exist without extinguishment of legal personality within the scope of responding to the suit as a party to the instant lawsuit.
Defendant A.