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(영문) 대구지방법원 2019.06.13 2019가합201413

손해배상(기)

Text

1. The Defendant’s KRW 1,185,825,780 for the Plaintiff and its related KRW 5% per annum from February 12, 2010 to March 30, 2010, and March 201.

Reasons

1. According to the record of the Plaintiff’s claim, the Defendant is deemed dissolved on December 1, 2015, which was after the closing of the argument in the judgment 2009Gahap8516, and the registration of the completion of liquidation was made on December 3, 2018. However, even a company dissolved pursuant to Article 520-2 of the Commercial Act and is deemed to have been terminated, if it is necessary to adjust the legal relationship in reality as it remains, it shall not be terminated to the extent of the above scope. In such a case, where there are other provisions in the articles of incorporation or a separate liquidator is not appointed at the general meeting of shareholders, the company shall naturally become a liquidator, and only such liquidator shall be an institution to execute and represent the liquidation affairs of the company being liquidated (see, e.g., Supreme Court Decision 94Da7607, May 27, 1994). The Defendant is recognized as the Defendant’s standing to be the Defendant as not extinguished within the scope related to

claim against B for the extension of prescription in respect of the Daegu District Court Decision 2009Kahap8516, which became final and conclusive as of April 15, 2010

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;